HomeMy WebLinkAboutcoa.lu.sp.Aspen Meadows Lot5.A4697
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F A SMITH AND COMPANY
P.o. Box 965
ASPEN, CO. 81612
970-858- r 2 I 3
FA)" 970-858- I 2 I 8
October 7, 1997
Amy Guthrie
Historic Preservation Officer
Aspen Planning Department
130 South Galena Street
Aspen, CO. 81611
Dear Amy;:
I am writing on behalf of The Trustee Townhomes at-the-Aspen Meadows Condominium Association Inc.
Thank you for all your assistance in securing final HPC approval for the renovation and expansions of the
Aspen Institute Trustee Townhomes.
As we now have the Historic Preservation Commission's approval and understand that our request for
approval of an Insubstantial Amendment to the Specially Planned Area will be granted, as modified by the
plans detailed before HPC, we respectfully withdraw our request of the Aspen City Council to extend the
vested rights previously granted to this project.
We wish to thank the City Council for their understanding in this matter and their cooperation in granting
sufficient time to gamer the necessary approvals.
Sine e ,
,:;::'--1
TO:
MEMORANDUM
May","nd Co~il ~
Amy Margerum, City Manager \} /
Stan Clauson, Community Development Directo~
Julie Ann Woods, Deputy Planning Director
THRU:
THRU:
FROM:
Amy Guthrie, Historic Preservation Officer
RE:
Aspen Meadows Lot 5 Vested Rights Extension Request, Second Reading
of Ordinance #27, Series of 1997 continued from August 11, 1997
DATE:
October 14, 1997
SUMMARY: On August 11, 1997, Council reviewed a request from The Aspen Institute
and the Trustee Townhomes At-The-Aspen-Meadows Condominium Association for a
six month extension to the vested rights granted for the development on Lot 5 of the
Aspen Meadows Specially Planned Area.
Staff recommended that Council not approve an extension of vested rights for this
property, finding that the applicant has not shown clear reason why an extension is
necessary and that new land use regulations have been adopted during the intervening
period of time, particularly Ordinance #30, Series of 1995, with which future
development on this site should be in compliance.
At the time, the applicant was in the HPC review process for an amendment to the design
protected by the vested rights. They did not wish to forfeit the vested rights for the
original project, since they did not have assurance that HPC would approve the
amendment. Council tabled action to October 14, 1997 to allow the applicant sufficient
time to complete the HPC review.
HPC has granted final review approval for the amended development plan at the Trustee
Townhouses. The new proposal is almost 500 square feet smaller per unit that was
originally proposed and preserves the character and integrity of the buildings.
The applicant has agreed to withdraw their request to extend vested rights.
EXHIBITS:
A. Letter from applicant withdrawing extension request
18/28i13~7 87:58
37, al218
F A SMITH CO
PAGE 02
FA SIIllT8 AND COMf'AN\'
P,O. BoX 965
Asf't::N, co. 8101 e
970-858-1 t!. I 3
FA)(; 970-858-1218
October 7. 1997
Aq::6udlrie
Historic: t'resavation Officer
Aspen Pbumini Department
130 SOlIdi Galena Street
Aspen, CO. 81611
Dear Amy;:
I am writing on bebaIf of The Trustee Townhomes at-the-Aspen Meadows Condominium Associ.dOll Inc.
Thllllk you for all your assistance in securing final HPC approval fur the renovation and expansions of the
Aspen Institute Trustee Townbomes.
As we now have the Historic: Preservation Commission's approval md understand that our requestfur
approval of an IllSllbstantial Amendment 10 die Specially Planned Area will be graII.red, as modified-by1Ite-
plans detailed before OPC, we n:spe<:tfully withdraw our requesl of1:bc: Aspen City COIllIclJ to eldend-tlle
vested rigb18 prevlol1!lly granted 10 this project.
We wiob to thank the City Council for their 1.U1derstanding in tJUs matlef and their cooperation in gnmting
suffic:ienllime to gamer the oe",,:lBlllY approvals.
S' ,
F~---f
Exhibit A
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PUBLIC NOTICE
RE: ASPEN MEADOWS EXTENSION OF VESTED RIGHTS. LOT 5
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, August 11, 1997 at a
meeting to begin at 5:00 p.rn. before the Aspen City Council, City Council Chambers, City Hall,
130 S. Galena St., Aspen, to consider an application submitted by the Aspen Institute, Inc. & The
Trustee Townhomes At- The-Aspen Meadows Condominium Association requesting a six month
extension of the vested rights granted by the City. for the project approved for this lot. The prolkl ty
is located at Lot 5, Aspen Meadows Specially Planned Unit. For further information. contact Amy
Amidon, (970)920-5096 at the AspenlPitkin Community Development Department, 130 S. Galena
St., Aspen, CO.
stjohn Bennett. Mavor
Aspen City Council
Published in the Aspen Times on July 25, 1997
City of Aspen Account
MEMORANDUM
"'1
TO:
Mayor and Council
RECEIVED
THRU:
Amy Margerum, City Manager
,1111 ~ 0 1997
FROM:
Stan Clauson, Community Development Dire~ctor
Julie Ann Woods, Deputy Planning Director . .
.
Amy Amidon, Historic Preservation Officer
ASPEN I PITKIN
COMMUNITY DEVELOPMENT
THRU:
RE:
Aspen Meadows Lot 5 Vested Rights Extension Request, First Reading of
Ordinance # ~ Series of 1997
DATE:
July 14, 1997
SUMMARY: The Aspen Institute and the Trustee Townhomes At-The-Aspen-Meadows
Condominium Association, as owners of the units on Lot 5 have requested an additional
six month extension to the vested rights granted for the development on Lot 5 of the
Aspen Meadows Specially Planned Area.
This request would extend the vested rights to December 19, 1997. The application,
including Ordinance #4, Series of 1997, which provided an extension to June 19, 1997
are attached as exhibits.
Staff recommends that Council not approve an extension of vested rights for this
property, finding that the applicant has not shown clear reason why an extension is
necessary and that new land use regulations have been adopted during the intervening
period of time, particularly Ordinance #30, Series of 1995, with which future
development on this site should be in compliance. Ordinance #30 would affect future
development on the site in terms of design standards and a reduction of allowable floor
area.
APPLICANT: The Aspen Institute and the Trustee Townhomes At-The-Aspen
Meadows Condominium Association, represented by Rhonda Bazil.
BACKGROUND: Council approved the 1990 GMQS allocation for 3 new
townhomes on Lot 5 as part of the Aspen Meadows Specially Planned area development,
which received final approval in early 1991. The GMQS allocations were due to expire
on June 21, 1994. In April 1994, Savanah requested a six month extension on the GMQS
and vested rights for Lots 5 and 6, which Council granted. The applicants have since
requested and been granted extensions every six months, with the most recent extension
set to expire on June 19, 1997, These extensions were granted based on factors which
delayed construction of the approved project. Lot 5 was included with Lot 6 in a Notice
Exhibit A
,._,
,
of Lis Pendens by Mohammed A. Hadid in connection with a lawsuit filed by him
against principals of Savanah Limited Partnership in April of 1995. While the Lis
Pendens was in effect, Savanah was prohibited from selling, developing, or financing
either Lots 5 or 6. On November 15, 1995, the trial court ordered the Lis Pendens
removed. Mr. Hadid subsequently filed an appeal to the court's order as it affects Lot 6,
but released Lot 5 from the litigation so the Institute could proceed with its purchase. In
February of 1996, the Aspen Institute purchased Lot 5 from Savanah Limited Partnership,
and thereafter recorded a Condominium Plat creating The Trustee Townhomes At-The-
Aspen Meadows. Since that time the applicant has received numerous approvals from the
Historic Preservation Commission for minor changes to the existing units, received final
approval for and began construction of three new townhomes, and has received
conceptual approval for a 256 square foot addition to the existing units, which is one third
the size of the expansion approval addressed by the vested rights.
On June 18, 1997, the applicant (now the Aspen Institute and Trustee Townhomes At-
The-Aspen Meadows Condominium Association) submitted a request for another
extension. City policy has been that if an application for an extension is received before
the expiration date of the vested rights, City Council will consider the request as timely
filed even though the matter is scheduled for Council consideration after the expiration
date.
STAFF COMMENTS: Section 26.100.100 of the Aspen Municipal Code states
that a development allotment and all other development approvals shall expire on the day
after the third anniversary of the latest date of project approval, unless a building permit
is obtained and project is developed, or unless an exemption from or extension of the
approval is obtained.
For developments other than a subdivision, an application for extension shall be
submitted prior to the third anniversary of the date of approval of a site specific
development plan which shall demonstrate to the satisfaction of city council that:
(a) Those conditions applied to the project at the time of its final approval which
were to have been met as of the date of application for exemption have been complied
with; and
RESPONSE: All conditions of approval associated with the SPA agreement and
subsequent extensions have been completed, with the exception of the removal of aspen
trees planted within the trail easement and the addition of 15-20 more trees along
Meadows Road. Ordinance #4, Series of 1997 extended the deadline for this condition
until October 15, 1997 as the best time to plant or relocate trees is in late fall for the
greatest chance of survival.
(b) Any improvements which were required to be installed by the applicant prior to
construction of the project have been installed;
RESPONSE: All the improvements which were required under the SPA Agreement
have been completed. The applicant shall be required to mitigate any construction
damage to Aspen Meadows Road and a I "to 1.5" overlay is required when the
construction on Lots 5 and 6 is complete.
(c) The project has been diligently pursued in all reasonable respects, and the
extension is in the best interest of the community.
RESPONSE: Staff notes that this is the seventh extension requested by the applicant. It
was recommended in February 1996 that no further extensions be granted for reasons
beyond unforeseeable legal circumstances specific to the Lis Pendens. The delay caused
by the inability of the Institute to purchase the lot prior to removal of the Lis Pendens
precluded the development of the units during the spring 1996 off-season as anticipated.
Staff finds that no further extension should be granted.
RECOMMENDATION: Staff recommends that a six (6) month extension of the
vested rights for Lot 5 of the Aspen Meadows Specially Planned Area be denied.
RECOMMENDED MOTION: "I move to read Ordinance #~Series of 1997." "I
move to approve Ordinance #~Series of 1997 on First Reading." ,
CITY MANAGER'S COMMENTS:
EXHIBITS:
Ordinance # ~eries of 1997
A. Staff memo dated July 14, 1997
B. Applicant's extension request
C. Ordinance #4, Series of 1997,
meadowcc.doc
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ORDINANCE t2,~
(SERIES OF 1997)
AN ORDINANCE OF THE ASPEN CITY COUNCIL DENYING A SIX MONTH
EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 14, SERIES
OF 1991, AND EXTENDED BY ORDINANCE NO. 22, SERIES OF 1994, ORDINANCE
NO. 10, SERIES OF 1995, ORDINANCE 38, SERIES OF 1995, ORDINANCE 6, SERIES
OF 1996, ORDINANCE 26, SERIES OF 1996, AND ORDINANCE 4, SERIES OF 1997 FOR
THE RESIDENTIAL DEVELOPMENT APPROVALS ON LOT 5 OF THE ASEPN
MEADOWS SPECIALLY PLANNED AREA, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
WHEREAS, pursuant to Section 26.52.080 of the Aspen Municipal Code, City Council
may grant an extension of vested rights up to six months for developments other than detached
residential and duplex units; and
WHEREAS, on June 10, 1991, City Council adopted Ordinance No. 14, Series of 1991,
which approved the Aspen Meadows Specially Planned Area Final Development Plan; and
WHEREAS, the vested rights expire on the day after the third anniversary ofthe date the
development approvals have been awarded; and
WHEREAS, Council has granted six (6) prior six-month extensions which extended the
vested rights to June 19, 1997; and
WHEREAS, the applicants, the Aspen Institute and the Trustee Townhomes At- The-Aspen
Meadows Condominium Association, have requested another six (6) month extension of the vested
rights; and
WHEREAS, the Community Development Department, having reviewed the application
recommends denial of a six (6) month extension of the vested rights extension finding that the
applicant has not shown clear reason why an extension is necessary and that new land use
regulations have been adopted during the intervening period oftime with which future development
on the site should be in compliance; and
Ordinance No. 26, Series of 1996
Page 2
WHEREAS, the Aspen City Council, having considered the Community Development
Department's recommendation does wish to deny another extension of vested rights status.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1:
Pursuant to Section 26.52.080 of the Aspen Municipal Code, City Council does hereby deny the
applicant another six (6) month extension of the vested rights approved by Ordinance 14, Series of
1991, extended by Ordinances 22, Series of 1994, No. 10, Series of1995, No. 38, Series of 1995,
No.6, Series of 1996, No. 26, Series of 1996, and No.4, Series of 1997, for Lot 5 of the Aspen
Meadows Specially Planned area.
Section 2:
The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general
circulation within the City of Aspen no later than fourteen (14) days following final adoption
hereof.
Section 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 affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 5:
A public hearing on the Ordinance shall be held on the _ day of August, 1997 at 5 :00 P.M. in the
City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing
a public notice of the same shall be published one in a newspaper of general circulation within the
City of Aspen.
"
Ordinance No. 26, Series of 1996
Page 3
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 14th day of July, 1997.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this _ day of August, 1997.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
,...
~
Request for Extension of Vested Rights
for The Trustee Townhomes At- The-Aspen Meadows
I. Applicants: The Trustee Townhomes at-the-Aspen Meadows Condominium
Association, Inc.
1000 N. 3'd Street
Aspen, Colorado 81611
(970) 544-7922
The Aspen Institute, Inc.
2010 Carmichael Road
Queenstown, MD 21658
(410) 820-5429
This application is filed by the Trustee Townbomes at-the-Aspen Meadows Condominium
Association, Inc. (The "Association") on behalf of the owners of Units 2 through 9. The owners of
each of the Units are as follows:
Unit 2:
Unit 3:
Unit 4:
Unit 5:
Unit 6:
Unit 7:
Unit 8:
Unit 9:
Bell Mountain Partners Limited Partnership
The Aspen Institute, Inc.
Presley O. Reed
Merrill M. Ford
Esther B. Ferguson and James L. Ferguson
Jan Jones Sarpa, Mary Sarpa, John Sarpa and Dr. J.R. Sarpa
David T. McLaughlin
Richard D. Lamm and Harris D. Sherman
Pitkin County Title, Inc. has prepared a certificate of ownership, confirming the list of owners. A
copy of the certificate is attached hereto.
The Aspen Institute, Inc. is an applicant based on its status as the Declarant under the terms
of the Condominium Declaration.
1
Exhibit B
,."',
II. Applicants Representative:
Rhonda J. Bazi1, Esq.
Rhonda J. Bazil, P.c.
323 W. Main St., Suite 301
Aspen, Colorado 81611
(970) 925-7171
Letters from the Applicants authorizing the representative to act on their behalf are attached to this
application.
III. Street Address and Legal Description:
Condominium Units 2 though 9, the Trustee Townhomes at the Aspen Meadows, a
Condominium according to the Condominium Plat thereof recorded in Book 39 and
Page 16 and as described in the Condominium Declaration for the Trustee
Townhomes at-the-Aspen Meadows recorded on February 6, 1996 as Reception No.
389723.
21-91 Meadows Trustee.
IV.
Present zoning:
RMF-SPA.
V.
Lot Size:
2.953 acres.
VI. Existing Approvals:
The eight existing Trustee Townhomes are located on Lot 5 of The Aspen Meadows
Subdivision and consist of approximately 1,750 square feet each. Each Unit originally had three
bedrooms and two baths. The Townhomes were originally designed by Herbert Bayer and are listed
on the City of Aspen's historic inventory.
The Specially Planned Area Development and Subdivision Agreement for The Aspen
Meadows provides for an expansion and renovation of the existing Townhomes to create eight three-
bedroom units of 2,500 square feet of FAR each. The relevant portion of the SPA Agreement is
attached hereto.
The owner of Units 1, 10 and 11 previously received approval to relocate the unit boundaries
and to revise the SPA approvals.
2
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VII. Request for Extension of Vested Rights:
The vested rights on this project have been extended through June 19, 1997 by Ordinance
4, Series of 1997. The Applicants request an additional six month extension to allow them to pursue
a modificationof the expansion approvals. An application for an Insubstantial Amendment to
Specially Planned Area and Historic Preservation Commission Significant Development Review was
filed by the Institute and the Association on June 2, 1997. That application seeks the modification
of the expansion approvals in the SPA Agreement to allow for the enclosure of a portion of the
terrace. By enclosing a portion of the terrace, the Units will increase in size from 1,750 existing
square feet to 2,006.5 square feet. The remainder of the approved expansion would not be
const;ructed by the Unit owners. This would result in a net reduction of 493.5 square feet for each
Unit from the SPA approvals.
Under the provisions of the Municipal Code of the City of Aspen, Section 26.1 00.lOO(A)(2),
developments are eligible for extension of vested rights. To obtain an extension, an application shall
be submitted prior to the approval deadline which shall demonstrate to the satisfaction of City
Council that the following three conditions have been met:
(a) Those conditions applied to the project at the time of its final approval that were
to have been met as of the date of application for exemption have been complied with.
To the best of the Applicants' knowledge, they have complied with all of the conditions
imposed on the project under the SPA Agreement.
(b) Any improvements that were required to be installed by the applicant prior to
construction of the project have been installed.
To the best of the Applicants' knowledge, all of the required improvements have been
installed.
(c) The project has been diligently pursued in all reasonable respects, and the
extension is in the best interests ofthe community.
This project has been owned by several parties since the expansion approvals were obtained.
The current owners of Units 2-9 purchased their Townhomes in February of 1996. Since that
time, the owners applied for and obtained a minor development amendment to the SPA
approved expansion plans and are currently seeking a second amendment to the plans.
Besides reworking the expansion approvals to more accurately reflect the current owners
needs, they have been concentrating on upgrading their infrastructure during the last year by
installing a new sewer line. This work clearly evidences an intent to diligently pursue the
project.
3
.......
,
In summary, The Institute and the Association request an extension of the vested rights for
the Trustee Townhomes for a six month period ending on December 19, 1997.
VIII. Exhibits:
The following exhibits have been enclosed with this application:
Certificate of Ownership
The Aspen Meadows Specially Planned Area Development and Subdivision
Agreement (Lot 5 provisions)
Letters of authorization from the Institute and the Association
4
,.-...
/
CERTIFICATE OF OWNERSHIP
pitkin County Title, Inc., a duly licensed Title Insurance Agent in the
State of Colorado hereby certifies that:
1. BELL MOUNTAIN PARTNERS LIMITED PARTNERSHIP, AN ILLINOIS LIMITED PARTNERSHIP
AS TO UNIT 2
2. PRESLEY O. REED AS TO UNIT 4
3. MERRILL M. FORD AS TO UNIT 5
4. ESTHER B. FERGUSON AND JAMES L. FERGUSON AS TO UNIT 6
5. JAN JONES SARPA, MARY S. SARPA, JOHN SARPA AND J.R. NICHOLAS SARPA AS TO
UNIT 7
6. DAVID T. MCLAUGHLIN AS TO UNIT 8
7. RICHARD D. LAMM AND HARRIS D. SHERMAN AS TO UNIT 9
ALL IN THE TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS, ARE THE OWNERS IN FEE
SIMPLE.
COUNTY OF PITKIN, STATE OF COLORADO.
Subject to encumbrances, easements and rights of way of record.
This certificate is not to be construed to be a guarantee of title and
is furnished for informational purposes only.
PITK
INC.
BY:
CERTIFIED TO:
5, 1997 @ 8:30 A.M.
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requirements for form and con ten I above set forth. Any such substitution shall
be subject to the prior approval of the Cily Allomey ill his determination.
.
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3. I!l!i!1
The Final Plat depicts a trail easement across the Physics Property from Gillespie
Street to the race track trail on lot 1. Physics and the City agree that this trail
easement is not to be paved. Physics is granting this easement but has no
financial obligation of any kind for the trail or any related work.
D. LOT ~ - CONSERVATION LAND:
Lot ~ is to be sold by Savanah to the City of Aspen for the purpose of open space, Lot
~ shall be zoned Wildlife Preservation (WP). It is the intention of th;s zone district that
lhis Property remain opec with a trail syst::m and appropriate bridge connections to the
Rio Grande Trail. Neither the Consortium nor any of its individoal members thereof
,hall have any responsibility wha::locver for the construction, installation or main:~nance
of any trail or other recreational facilities to be incorporated into lot 4. Exact trail
locations must be approved by the Planning Director giving priority 10 Ihose alignments
which minimize damage or disruption to existing vegetation and landscape and which
subordinate grade considerations and, thus, minimize switchbacks. to presenalion of
existing topography.
-
(a) ~. The Final Plat shows utility line easements as existing and
proposed for electrical, gas, storm and sanitary sewer, and water.
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I. Site Imorovements
22
E. LOT 5 - THE TRlISTEE HOllSES AT THE ASPEN MEADOWS:
Lot 5 is Savanah's Property and is zoned RIlF according to and as shown on the Plat.
Existing development on lot 5 consists of the eight trustee houses, each of approximately
1,750 square feet, consisting of three bedrooms and two baths. Development has been
approved for an expansion and renovation of the existing trustee houses to create eight
three. bedroom units of 2.500 square reet of FAR each. In addition three new trustee
houses shall be developed on Lot 5, one on the South end of the existing units and two
on the North end of the existing units. Each new unit will be 2,500 square feet of FAR
with lhree bedrooms. Total build.out on lot 5 shall consist of cleven units with thirty-
three bedrooms and 27.500 square feet of FAR, excluding carports (up to 500 square feet
pcr dwelling unil). FARs and the definitions thereof for the existing and new trustee
houses shall remain as set forth and defined in th~ Aspen Land Use Reg!llations in effect
"s of June 10, 1991, notwithstandi"g and shall survive for nol less than the three year
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period next SUCCt~C:!:;l~ ILUh: ; n, : 9:/ 1, any 'loubsequcntly adpplcd reduction in or change
to the definition or calculation of FARs. The three new residences have received an
allotment under the GMQS and have p:ceived varialions for setbacks, hcight and open
space, as noted on the Plat and as des:rihed below.
1. Dimensional Reauirements and Variations Therefrom
The following dimensional requirements are for the RMF Zone Dislrict;
variations in Ihese requirements that have been granted for the development
activity contenTL1t..::cJ ;f'; I.ot 5 are noted:
a) Minimum 101 size Ciq. fl.): 6.000 ...
b) MinimUlT. 101 area per dwelling unit: ~
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i) 3 bedroom unit: 3.630 sq. ft.
e) Minimum lot width: 60 feel
t.
d) Minimum front yard: !.
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i) Princiral building: 10 feet f
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ii) Accesst.lry budJillg.: 15 feet .,
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(Note. A variation fr"," minimum RMF Zone District front yard ,
setbacks for accessory buildings has [-.,en granted by the City to I
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zero feel fa; Lot 5.) ,
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e) Minimum side yard: 5 feel i
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f) Minimum rear yard: '.'
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i) Principal building: 10 reet 'J.
ii) Accessory building: 15 feet . ,
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g) Maximum height: 25 feet
(Note. A dimensional height variation for the two northernmost trustee
houses has been granted by the City for up to eight feel.)
h)
Percent of open spac~ rc:qulr.:d for huilding site:
35%
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(~. Minir,,"m RMF Zone District open space requirements have been
waived by the City for LOI 5 in consideration of the open space otherwise
provided in the SPA development!,lan.)
i)
External l'AR (m",.imum):
1:1
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Internal I','.R:
no requirement
k)
Off-streetl"'rking requirement:
1 space per bed'oom
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2.
Condominiumizalion and Si:lt Month Minimum Lease ReHuirernenl
Pursuant 10 findings made during the approval process and in accOIdance with
Scction 24.7.1007 of the Municipal Code, Ihe City has g,anted and awarded
condominiumization approval for all eleven units contemplated for Lot 5.
Condominiumization of the eight existing units is subjecl to payment of an
affordable housing impact fee acwrding to Section 24-7-loo7A(I)(c). The fee
10lals $64,240 and shall bc paid at time of recordation of the condominium plat
and declaration for the units un Lot 5,
,.
.
The six month minimum lease requiremenl for condominium units as contained
at Section 24.7-1007 (A)(I)(b)(I) of the Municipal Code has been and hereby is
waived as to all the condominium unils on Lol 5 as approved by this SPA plan.
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3.
Sile Imorovcmcnti
(a) ~. All telephone, electric and cable lines on the Property servicing
the improvements shall be unde'grounded. All water and sanitary sewer
lines shall be designed and constructed in accordance with standards of the
City and of the ACSO and written casements will be provided if and as
rCQuired confirming thc :1.~.huilt location of each easement.
(b)
L1ndsca~ Imorovelllcnll. Savanah shall abide by and substantially
conform to the tree removal and landscape plans recorded as part of the
Plat in nook :i'1 at Page 5', C{ Jtq, of tho Records. The landscape
plans 1epict and describe the nature, extent and location of all plant
malerials in appropriate relation to scale, species and size of existing plant
matr.rial, nower and shrub bed definition, a plant material schedule with
common and botanical name" size, and quantities, proposed treatment of
all ground surfaces (t.g., paving,lurf, gravel,terracing, ClC.), decorative
waler features, retaining walls, fencing, benches, and all other agrecd-
upon landscape features. Such landscaping shall be completed in a logical
sequence commensurate with the staging of improvemenls as contemplated
in the Lot .5 Conslruction Schedule, but in no even I later than (lnc year
, ,
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.1 C).- ',~ I .
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1(1 bb7 :-.r, 759
,.
aner the dale of issuance of the Certificate of Orr:-upancy for the final
phase of improvements. It is the mutual understanding of the parties that
Certificates of Occupancy may in fact issue for ill1pro\'c'llents even though
lj1e I.l!1d<;<.:aping. improvements related thereto have nllt :":1 heen complet.
cd, so long as that portion of the financial guaranty pmvillcll for in this
Agreement, .which covers the estimated cost of such unfinished landscap-
ing rcmains availahlc 10 the City pursuant to Ihe terms 01 this Agreement.
All tr"" replacement shall be on a one.lo.one caliper inch basis throughout
th~ Project as a whole with minimum size al I 1/2" caliper.
4. Imi.!1
The Plat depicts all lrails dedicated ("IT conveyed to public IIse il.nd all casements
linking off.site trails to (he PT0jccl'S trail system, including the trail l'"3S~l11cnt
between the tennis tuwnhouses and rCSlaurnnt. \VriUcn l.:ascll1cnts shall be
executed and conveyed aflcr trail construction confirming the as-buill location of
coach casement. A portion of Ihe trail Eascment ror the Ir"il from f\1cadows Road
to Lot 4 cresses Lot 5, as depicted (,11 the Plat. Trail construcli<<'!1 011 Ihis
F:' T."cnt and any other appurtenanl recreational facililies and amenities and
I Uldscaping is the sole re<ponsibilily of the City of ,\c.pen. Neither Savanah nor
the Consortium shall have clny financial '" icnnsibility fur any of this work or for
the maintenance of any ca~Cl1ll'nts.
~. Ejn:mcial As.sur~nces
In order to SC<:llre the construction of the site and landscape il1lpro,,'cmcnts in
Parngraphs 3(a) and (b) above and to guardnlee I()()% of the estiUlaled cosl of
such improvements, Savanah shall guaranlee by irrcvocable bond, sight draft or
letter of commitment or credit from a linancially rcsponsible lendcr tllal ft!nds in
the amollnt of such estimated costs, are held by it for the accuunt "f rily for Ihe
construction and installation of the abovc.dcsaibed il11pron:li''-illS. As a
condition for issuance of a building permil for a portion or all of the renovation
and new conslruction anticipalcd herein, Sa"anah and Cily shall ogrce on that
portion of the work outlined in Paragraphs 3(a) and 3(b) abo\"e rcasonably
necessary to complete the "",k for which a permit is being ,,,"ght and the
mutually agreed upon financial asSurances shall be delivered to the City prior to
issuance of the building permit. All financial assurances given by Savanah to
City, in all events, shall give the City the unconditional righi, upon and following
defaull by Savanah, nolice thereof by Ihe Cily, and a forty day right Ihereafler 10
cure, 10 withdraw funds as necessary :\IId upon demand to partially or fully
complete and/or pay for any of sw"h improvements or pay any unconlested
outslanding bills for work dune Ihcrt:on by any party. with any excess guaranly
amount to be applied first to additiollal mlminislralive or legal C(l'ilS :1\\;p('iaICd
with any such default and the repair of any th:h.:ntlralion in improvcments already
25
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,
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667
constructed before the II11U'cd remainder (if any) of such guaranty is released to
Savanah. As ponions of the required improvements are completed, the Public
\Vorles Director shall inspect them, and upon approval and written accepfance, he
shall authorize the release from the guaranty delivered by Sa\aJl,ih of .!." ,;rced
estimated cost for that portion of the improvements except that 10';1, of Ii;.; actual
cost of the site or landscape improvements shall be retained unlil all proposed site
or bndscape improvements are completed and approved by the Public Works
Director.
.
I
At anytime and from time 10 time, Savanah shall have the right to substitute for
the form of financial assurance given, so long as such su~stituting form meets the
requirements for form and content above sel fonb. Any such substitution shall
be subject to the prior apnroval of City Allomey in his determination.
6. Emoloyee Housin2
Savanah and the City acknuwledge that the renovation and expansion of Ih oighl
trustee houses do not create any employee impact because the bedroom coent in
each unit remains at 3. Savanah shall !"'y t<J the City an affordable housing
mitigation im!"'ct fee for 1.66 low income employees per unit for each of the
three new residential units on Lot 5, in an amounl to be calculated pursuant to
those fee guidelines in err,,:: ,( 1':0 time the fee is to be !",id. The fee shall be
paid prior 10 the issuance ,,[ lite building permil for construction of any new
residential unit on Lot < . J ,:,.11 be paid in proponion 10 the number of units
sought to be permit';:d,
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LOT 6 - THE TENNIS TOWNHOMES AT THE ASPEN ~IEA[)OWS:
Lot 6 is owned by Savanah and is zoned RMF according to and as shown on the Plat.
Currently there is no residential developme"t on Lot 6. Approved undcr this plan is
development of seven townhome units of three bedrooms and 2,500 square feel of FAR
each. Total build out on Lot 6 shall consist of seven units wilh twenty-one bedrooms and,
17,500 square feet of FAR, excluding carports (up to 500 square feet per dwelling unit).
FARs and Ihe definitions thereof for the exisling and new trustee houses shall remain as
set forth and defined in the Aspen Land Use Regulations in efrect as of June 10, 1991,
nutwithstanding and shall survive for nolless than the three year period next succeeding
June 19, 1991, any subsequently adopted reduction in or change to the definition or
calculation of FARs. The seven new townhomes have reccivcd an allotment under the
City GMQS and have received varialions for height, open space. and setbacks for
accessory buildings. all as noted on the Plat and describcd herein.
I
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The Trustee Townhomes
at the Aspen Meadows
Condominium Association, Inc.
1000 Nonh Third Street
A.pen, CO 81611
(970) 544-7900
Fax: (970) 925-4188
David T. McLaughlin
Pmident
Merrill M. Ford
Via fusidmt
June 10, 1997
John G. Sarpa
"""ary
Presley Reed
T~~
Mr. Stan Clausen
Director of Community Development
City of Aspen
130 S. Galena Street
Aspen, Colorado 81611
Re: Application of Trustee Townhomes at-the-Aspen Meadows Condominium
Association and The Aspen Institute, Inc.
Dear Mr. Clausen:
The Trustee Townhomes at-the-Aspen Meadows Condominium Association, Inc.
authorizes the office of Rhonda J. Bazil, P.C. to act on its behalf in pursuing an application for
an extension of the vested rights for Lot 5, Aspen Meadows Subdivision. Our representative
may be contacted at the following address and telephone number:
Rhonda J. Bazil, Esq.
Rhonda J. Bazil, P.c.
323 W. Main St., Suite 301
Aspen, Colorado 81611
(970) 925-7171
Please contact Rhonda Bazil if you need any additional information relating to this
application.
Sincerely,
TRUSTEE TOWNHOMES AT-TIlE-ASPEN
MEADOWS CONDOMINIUM
ASSOCIATION, INC.
JUN-12-87 1218:16 FROM:TH~_ASPEN INSTITUTE
ID:411218278182
PAGE
2/2
TheA
Aspe~
Institute
..... ~a--
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PO IIoc 22Z
2 __ MD 2H58
(410) 8lDS42S
_ (410) srr-9lllZ
n.-r 11...-
lSSSNcwF" 1 .. ...Aw:..NW
SuiU: 10'10
WaobiDr;>on. DC_
(202) '/36.5800
Pax (202) ~'-<l79O
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1000 Nonb llWdSaeot
AIpcI>. GO 81611
(971)) ~"'10
_ (970) 954188
C)oIuh1a N._
~~",rk""""'"
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JUlIe 11, 1997
Mr. Stan r1~nw>n
Director of Community Development
City of Aspen
130 S. Galena. Street
Aspen. Colorado 81611
He: Application ofTrutee TOWIIbomes at-tIae-Aspen Madows Coadomioium
AssoeiatioB lIIUI 'The Aspm Iutitate, he.
Dear Mr. CI;w,...,'
The Aspen Institule, 1Dc.lIlJlhorizes the office ofRhoDdaJ. Bazil, P.Co 10 act on its
beba1fin pursuing an appIiclllion for an ~ of the ves1Zd righ1s far Lot S. Aspc:11
Meadows Subdivisiou. Oar iepn... .....1;,." IU)' be c:onI'><:t'", at the following address and
telephone nmnber:
Rhonda J. BaziI, Esq.
Rhtmru. J. Bazil, P.c.
323 W. MaiD St., Suite 301
Aspen, Colomdo 81611 .
(970) 925-7171
......Please COIIflICt Rhonda Bazil if you need ;my ""t!in""'A] infonnalion ,...JAti1\g to this
applir..n()l'l
Sincetely,
The Aspen InsliluIe, Inc.
Br~rf-~
. N.S .
It.\I:"':1 ':,.' '. I.
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2-d
S3:)I~ I'I:Jl J.:DiLS IolIl:LI .IS31 WdSl :21 l.6. II I>lU"
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ORDINANCE #4
(SERIES OF 1997)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH
EXTENSION OF THE 1990 RESIDENTIAL GMQS ALLOTMENTS AND VESTED
RIGHTS GRANTED BY ORDINANCE NO. 14, SERIES OF 1991, AND EXTENDED BY
ORDINANCE NO. 22, SERIES OF 1994, ORDINANCE NO. 10, SERIES OF 1995,
ORDINANCE 38, SERIES OF 1995, ORDINANCE NO.6, SERIES OF 1996, AND
ORDINANCE NO. 26, SERIES OF 1996, FOR THREE NEW TOWNHOMES AND THE
ASSOCIATED RESIDENTIAL DEVELOPMENT APPROVALS ON LOT 5 OF THE
ASPEN MEADOWS SPECIALLY PLANNED AREA, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
WHEREAS, pursuant to Section 26.100.100 of the Aspen Municipal Code, City Council
may grant an extension of GMQS allocations up to six months for developments other than
detached residential and duplex units; and
WHEREAS, on June 10, 1991, City Council adopted Ordinance No, 14, Series of 1991,
which approved the Aspen Meadows Specially Planned Area Final Development Plan and included
residential GMQS allocations; and
WHEREAS, the GMQS development allotments included the construction of three new
townhomes Lot 5; and
WHEREAS, the development allotments expire on the day after the third anniversary of
the date the GMQS allocations, or other development approvals, have been awarded; and
WHEREAS, Council has granted five prior six-month extensions which extended the
GMQS allocation and vested rights to December 19, 1996; and
WHEREAS, the applicants, the Aspen Institute and the Trustee Townhomes At- The-Aspen
Meadows Condominium Association, have requested another six (6) month extension of the
GMQS allocations for Lot 5 of the Aspen Meadows Specially Planned Area; and
.----
Exhibit C
-
Ordinance No. 26, Series of 1996
Page 2
WHEREAS, the applicant also requests an extension of vested rights status, to coincide
with the GMQS allocation extension; and
WHEREAS, the Community Development Department, having reviewed the application
recommends approval of a six (6) month extension of the GMQS allotments and vested rights
approved in Ordinance 14, Series of 1991; and
WHEREAS, the Aspen City Council, having considered the Community Development
Department's recommendation for the GMQS extension, does wish to grant another extension for
six (6) months and extend vested rights status. fmding that the delay caused by the Institute's
inability to purchase Lot 5 until the lot was released from litigation prevented commencement of
construction, and that the applicant has diligently pursued the project's completion in all reasonable
respects, and the extension is in the best interests of the community,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1:
Pursuant to Section 26.100.100 of the Aspen Municipal Code, City Council does hereby grant the
applicant another six (6) month extension of the 1990 Residential GMQS allocation approved by
Ordinance 14, Series of 1991; extended by Ordinances No. 22, Series of 1994, No. 10, Series of
1995, No. 38, Series of 1995, No.6, Series of 1996, and No. 26, Series of 1996, for Lot 5 of the
Aspen Meadows Specially Planned Area beginning December 19,1996, and ending June 19, 1997
with the following conditions:
I. The applicant shall plant approximately 15-20 more trees along Meadows Road, consistent with
the approved landscape plan. This shall be completed by October 15, 1997. In addition, the
applicant is responsible for the relocation of several Aspen trees that have been planted in the
trail easement by October 15, 1997.
2. The six (6) month extension shall begin at the date of expiration of the previous 6 month
extension which is December 19,1996 and expire on June 19, 1997.
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Ordinance No. 26, Series of 1996
Page 3
Section 2:
Pursuant to Section 26.100.100 of the Aspen Municipal Code, City Council does hereby grant the
applicant an extension of vested rights status for the site specific development plan for Lot 5 of the
Aspen Meadows Specially Planned Area as approved by Ordinance 14, Series of 1991 and
insubstantially amended by Planning Office memo dated March 16, 1995, with the following
conditions:
I. The extension of vested rights shall be for six months to June 19, 1997.
2. The rights granted by the site specific development plan approved by this Ordinance and the
insubstantial amendment shall remain vested for a period of five years and 363 days from June
21, 1991. However, any failure to abide by the terms and conditions attendant to this approval
shall result in forfeiture of said vested property rights.
3. The approval granted hereby shall be subject to all rights of referendum and judicial review.
4. Nothing in the approvals provided in this Ordinance shall exempt the site specific development
plan from subsequent reviews and or approvals required by this Ordinance or the general rules,
regulations or ordinances or the City provided that such reviews or approvals are not
inconsistent with the approvals granted and vested herein.
5. The establishment herein of a vested property right shall not preclude the application of
ordinances or regulations which are general in nature and are applicable to all property subject
to land use regulation by the City of Aspen including, but not limited to, building, fire,
plumbing, electrical and mechanical codes. In this regard, as a condition of this site
development approval, the developer shall abide by any and all such building, fire, plumbing,
electrical and mechanical codes, unless an exemption therefrom is granted in writing.
Section 3:
The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general
circulation within the City of Aspen no later than fourteen (14) days following final adoption
hereof.
Section 4:
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason
held invalid or unconstitutional by any court of competent jurisdiction, such provision and such
holding shall not affect the validity of the remaining portions thereof.
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Ordinance No. 26, Series of 1996
Page 4
Section 5:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 6:
A public hearing on the Ordinance shall be held on the 10th day of February, 1997 at 5:00 P.M. in
the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published one in a newspaper of general circulation
within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 27th day of January, 1997.
~nett:~~
ATTEST:
Iyj 4<<-
Kathryn S. och, City Clerk
FINALLY, adopted, passed and approved this lOth day of February, 1997.
~ L'5~
Joh;jennett, Mayor
,n=dowar_dD<;
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MEMORANDUM
TO:
Mayor and Council
THRU:
Amy Margerum, City Manager
\
THRU:
Stan Clauson, Community Development Dir
Julie Ann Woods, Deputy Planning Director
FROM:
Amy Amidon, Historic Preservation Officer
RE:
Aspen Meadows Lot 5 Vested Rights Extension Request, Second Reading
of Ordinance #27, Series of 1997
DATE:
August 11, 1997
SUMMARY: The Aspen Institute and the Trustee Townhomes At-The-Aspen-Meadows
Condominium Association, as owners of the units on Lot 5 have requested an additional
six month extension to the vested rights granted for the development on Lot 5 of the
Aspen Meadows Specially Planned Area.
This request would extend the vested rights to December 19, 1997. The application,
including Ordinance #4, Series of 1997, which provided an extension to June 19, 1997
are attached as exhibits.
Staff recommends that Council not approve an extension of vested rights for this
property, finding that the applicant has not shown clear reason why an extension is
necessary and that new land use regulations have been adopted during the intervening
period of time, particularly Ordinance #30, Series of 1995, with which future
development on this site should be in compliance. Ordinance #30 would affect future
development on the site in terms of design standards and a reduction of allowable floor
area.
APPLICANT: The Aspen Institute and the Trustee Townhomes At-The-Aspen
Meadows Condominium Association, represented by Rhonda Bazil.
BACKGROUND: Council approved the 1990 GMQS allocation for 3 new
townhomes on Lot 5 as part of the Aspen Meadows Specially Planned area development,
which received fInal approval in early 1991. The GMQS allocations were due to expire
on June 21, 1994. In April 1994, Savanah requested a six month extension on the GMQS
and vested rights for Lots 5 and 6, which Council granted. The applicants have since
requested and been granted extensions every six months, with the most recent extension
set to expire on June 19, 1997. These extensions were granted based on factors which
delayed construction of the approved project. Lot 5 was included with Lot 6 in a Notice
Exhibit A
c
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of Lis Pendens by Mohammed A. Hadid in connection with a lawsuit filed by him
against principals of Savanah Limited Partnership in April of 1995. While the Lis
Pendens was in effect, Savanah was prohibited from selling, developing, or financing
either Lots 5 or 6. On November 15, 1995, the trial court ordered the Lis Pendens
removed. Mr. Hadid subsequently filed an appeal to the court's order as it affects Lot 6,
but released Lot 5 from the litigation so the Institute could proceed with its purchase. In
February of 1996, the Aspen Institute purchased Lot 5 from Savanah Limited Partnership,
and thereafter recorded a Condominium Plat creating The Trustee Townhomes At-The-
Aspen Meadows. Since that time the applicant has received numerous approvals from the
Historic Preservation Commission for minor changes to the existing units, received final
approval for and began construction of three new townhomes, and has received
conceptual approval for a 256 square foot addition to the existing units, which is one third
the size of the expansion approval addressed by the vested rights.
On June 18, 1997, the applicant (now the Aspen Institute and Trustee Townhomes At-
The-Aspen Meadows Condominium Association) submitted a request for another
extension. City policy has been that if an application for an extension is received before
the expiration date of the vested rights, City Council will consider the request as timely
filed even though the matter is scheduled for Council consideration after the expiration
date.
STAFF COMMENTS: Section 26.100.100 of the Aspen Municipal Code states
that a development allotment and all other development approvals shall expire on the day
after the third anniversary of the latest date of project approval, unless a building permit
is obtained and project is developed, or unless an exemption from or extension of the
approval is obtained.
For developments other than a subdivision, an application for extension shall be
submitted prior to the third anniversary of the date of approval of a site specific
development plan which shall demonstrate to the satisfaction of city council that:
(a) Those conditions applied to the project at the time of its final approval which
were to have been met as of the date of application for exemption have been complied
with; and
RESPONSE: All conditions of approval associated with the SPA agreement and
subsequent extensions have been completed, with the exception of the removal of aspen
trees planted within the trail easement and the addition of 15-20 more trees along
Meadows Road. Ordinance #4, Series of 1997 extended the deadline for this condition
until October 15, 1997 as the best time to plant or relocate trees is in late fall for the
greatest chance of survival.
(b) Any improvements which were required to be installed by the applicant prior to
construction of the project have been installed;
,."
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RESPONSE: All the improvements which were required under the SPA Agreement
have been completed. The applicant shall be required to mitigate any construction
damage to Aspen Meadows Road and a 1"toI.5" overlay is required when the
construction on Lots 5 and 6 is complete.
(c) The project has been diligently pursued in all reasonable respects. and the
extension is in the best interest of the community.
RESPONSE: Staff notes that this is the seventh extension requested by the applicant. It
was recommended in February 1996 that no further extensions be granted for reasons
beyond unforeseeable legal circumstances specific to the Lis Pendens. The delay caused
by the inability of the Institute to purchase the lot prior to removal of the Lis Pendens
precluded the development of the units during the spring 1996 off-season as anticipated.
Stafffmds that no further extension should be granted.
RECOMMENDATION: Staff recommends that a six (6) month extension of the
vested rights for Lot 5 of the Aspen Meadows Specially Planned Area be denied.
RECOMMENDED MOTION:
on Second Reading."
"I move to approve Ordinance #27, Series of 1997
CITY MANAGER'S COMMENTS:
EXHIBITS:
Ordinance #27, Series of 1997
A. Staff memo dated August 11, 1997
B. Applicant's extension request
C. Ordinance #4, Series of 1997
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ORDINANCE #27
(SERIES OF 1997)
AN ORDINANCE OF THE ASPEN CITY COUNCIL DENYING A SIX MONTH
EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 14, SERIES
OF 1991, AND EXTENDED BY ORDINANCE NO. 22, SERIES OF 1994, ORDINANCE
NO. 10, SERIES OF 1995, ORDINANCE 38, SERIES OF 1995, ORDINANCE 6, SERIES
OF 1996, ORDINANCE 26, SERIES OF 1996, AND ORDINANCE 4, SERIES OF 1997 FOR
THE RESIDENTIAL DEVELOPMENT APPROVALS ON LOT 5 OF THE ASPEN
MEADOWS SPECIALLY PLANNED AREA, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
WHEREAS, pursuant to Section 26.52.080 of the Aspen Municipal Code, City Council
may grant an extension of vested rights up to three years for developments other than detached
residential and duplex units; and
WHEREAS, on June 10, 1991, City Council adopted Ordinance No. 14, Series of 1991,
which approved the Aspen Meadows Specially Planned Area Final Development Plan; and
WHEREAS, the vested rights expire on the day after the third anniversary of the date the
development approvals have been awarded; and
WHEREAS, Council has granted six (6) prior six-month extensions which extended the
vested rights to June 19, 1997; and
WHEREAS, the applicants, the Aspen Institute and the Trustee Townhomes At- The-Aspen
Meadows Condominium Association, have requested another six (6) month extension of the vested
rights; and
.
WHEREAS, the Community Development Department, having reviewed the application
recommends denial of a six (6) month extension of the vested rights extension finding that the
applicant has not shown clear reason why an extension is necessary and that new land use
regulations have been adopted during the intervening period of time with which future development
on the site should be in compliance; and
,"'"
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Ordinance No. 26, Series of 1996
Page 2
WHEREAS, the Aspen City Council, having considered the Community Development
Department's recommendation does wish to deny another extension of vested rights status.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1:
Pursuant to Section 26.52.080 of the Aspen Municipal Code, City Council does hereby deny the
applicant another six (6) month extension of the vested rights approved by Ordinance 14, Series of
1991, extended by Ordinances 22, Series of 1994, No. 10, Series of1995, No. 38, Series of 1995,
No.6, Series of 1996, No. 26, Series of 1996, and No.4, Series of 1997, for Lot 5 of the Aspen
Meadows Specially Planned area.
Section 2:
The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general
circulation within the City of Aspen no later than fourteen (14) days following. final adoption
hereof.
Section 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 affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 5:
A public hearing on the Ordinance shall be held on the _ day of August, 1997 at 5 :00 P.M. in the
City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing
a public notice of the same shall be published one in a newspaper of general circulation within the
City of Aspen.
c
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Ordinance No. 26, Series of 1996
Page 3
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 14th day of July, 1997.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this _ day of August, 1997.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
.f'"
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,oJ
Request for Extension of Vested Rights
for The Trustee Townhomes At- The-Aspen Meadows
I. Applicants: The Trustee Townhomes at-the-Aspen Meadows Condominium
Association, Inc.
1000 N. 3m Street
Aspen, Colorado 81611
(970) 544-7922
The Aspen Institute, Inc.
2010 Carmichael Road
Queenstown, MD 21658
(410) 820-5429
This application is filed by the Trustee Townhomes at-the-Aspen Meadows Condominium
Association, Inc. (The "Association") on behalf of the owners of Units 2 through 9. The owners of
each of the Units are as follows:
Unit 2:
Unit 3:
Unit 4:
Unit 5:
Unit 6:
Unit 7:
Unit 8:
Unit 9:
Bell Mountain Partners Limited Partnership
The Aspen Institute, Inc.
Presley O. Reed
Merrill M. Ford
Esther B. Ferguson and James L. Ferguson
Jan Jones Sarpa, Mary Sarpa, John Sarpa and Dr. J.R. Sarpa
David T. McLaughlin
Richard D. Lamm and Harris D. Sherman
Pitkin County Title, Inc. has prepared a certificate of ownership, confirming the list of owners. A
copy of the certificate is attached hereto.
The Aspen Institute, Inc. is an applicant based on its status as the Declarant under the terms
of the Condominium Declaration.
1
Exhibit B
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II. Applicants Representative:
Rhonda 1. Bazil, Esq.
Rhonda 1. Bazil, P.C.
323 W. Main St., Suite 301
Aspen, Colorado 81611
(970) 925-7171
Letters from the Applicants authorizing the representative to act on their behalf are attached to this
application.
III. Street Address and Legal Description:
Condominium Units 2 though 9, the Trustee Townhomes at the Aspen Meadows, a
Condominium according to the Condominium Plat thereof recorded in Book 39 and
Page 16 and as described in the Condominium Declaration for the Trustee
Townhomes at-the-Aspen Meadows recorded on February 6,1996 as Reception No.
389723.
21-91 Meadows Trustee.
IV.
Present zoning:
RMF-SPA.
v.
Lot Size:
2.953 acres.
VI. Existing Approvals:
The eight existing Trustee Townhomes are located on Lot 5 of The Aspen Meadows
Subdivision and consist of approximately 1,750 square feet each. Each Unit originally had three
bedrooms and two baths. The Townhomes were originally designed by Herbert Bayer and are listed
on the City of Aspen's historic inventory.
The Specially Planned Area Development and Subdivision Agreement for The Aspen
Meadows provides for an expansion and renovation of the existing Townhomes to create eight three-
bedroom units of 2,500 square feet of FAR each. The relevant portion of the SPA Agreement is
attached hereto.
The owner of Units I, 10 and II previously received approval to relocate the unit boundaries
and to revise the SPA approvals.
2
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VII. Request for Extension of Vested Rights:
The vested rights on this project have been extended through June 19, 1997 by Ordinance
4, Series of 1997. The Applicants request an additional six month extension to allow them to pursue
a modificationof the expansion approvals. An application for an Insubstantial Amendment to
Specially Planned Area and Historic Preservation Commission Significant Development Review was
filed by the Institute and the Association on June 2, 1997, That application seeks the modification
of the expansion approvals in the SPA Agreement to allow for the enclosure of a portion of the
terrace. By enclosing a portion of the terrace, the Units will increase in size from 1,750 existing
square feet to 2,006.5 square feet. The remainder of the approved expansion would not be
constructed by the Unit owners. This would result in a net reduction of 493.5 square feet for each
Unit from the SPA approvals.
Under the provisions of the Municipal Code of the City of Aspen, Section 26. 1 00.1 00(A)(2),
developments are eligible for extension of vested rights. To obtain an extension, an application shall
be submitted prior to the approval deadline which shall demonstrate to the satisfaction of City
Council that the following three conditions have been met:
(a) Those conditions applied to the project at the time of its final approval that were
to have been met as of the date of application for exemption have been complied with.
To the best of the Applicants' knowledge, they have complied with all of the conditions
imposed on the project under the SPA Agreement.
(b) Any improvements that were required to be installed by the applicant prior to
construction of the project have been installed.
To the best of the Applicants' knowledge, all of the required improvements have been
installed.
(c) The project has been diligently pursued in all reasonable respects, and the
extension is in the best interests of the community.
This project has been owned by several parties since the expansion approvals were obtained.
The current owners of Units 2-9 purchased their Townhomes in February of 1996. Since that
time, the owners applied for and obtained a minor development amendment to the SPA
approved expansion plans and are currently seeking a second amendment to the plans.
Besides reworking the expansion approvals to more accurately reflect the current owners
needs, they have been concentrating on upgrading their infrastructure during the last year by
installing a new sewer line. This work clearly evidences an intent to diligently pursue the
project.
3
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In summary, The Institute and the Association request an extension of the vested rights for
the Trustee Townhomes for a six month period ending on December 19,1997.
VIII. Exhibits:
The following exhibits have been enclosed with this application:
Certificate of Ownership
The Aspen Meadows Specially Planned Area Development and Subdivision
Agreement (Lot 5 provisions)
Letters of authorization from the Institute and the Association
4
,.., .-,
.... / CERTIFICATE OF OWNERSH.........
pitkin County Title, Inc., a duly licensed Title Insurance Agent in the
State of Colorado hereby certifies that:
1. BELL MOUNTAIN PARTNERS LIMITED PARTNERSHIP, AN ILLINOIS LIMITED PARTNERSHIP
AS TO UNIT 2
2. PRESLEY O. REED AS TO UNIT 4
3. MERRILL M. FORD AS TO UNIT 5
4. ESTHER B. FERGUSON AND JAMES L. FERGUSON AS TO UNIT 6
5. JAN JONES SARPA, MARY S. SARPA, JOHN SARPA AND J.R. NICHOLAS SARPA AS TO
UNIT 7
6. DAVID T. MCLAUGHLIN AS TO UNIT 8
7. RICHARD D. LAMM AND HARRIS D. SHERMAN AS TO UNIT 9
ALL IN THE TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS, ARE THE OWNERS IN FEE
SIMPLE.
COUNTY OF PITKIN, STATE OF COLORADO.
Subject to encumbrances, easements and rights of way of record.
This certificate is not to be construed to be a guarantee of title and
is furnished for informational purposes only.
PITK
INC.
BY:
nature
CERTIFIED TO:
5, 1997 @ 8:30 A.M.
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requirements for form and contenl above set forth. Any such substitution shall
be subject to the prior approval of the Cily Allomey in his determination.
.
J. Trails
The Final Plat depicts a trail easement across the Physics Property from Gillespie
Street to the race track trail on Lot L Physics and the City agree that this trail
easemenl is not to be paved. Physics is granting this easement but has no
financial obligation of any kind for the trail or any relatcd work.
D. LOT ~. CONSERVATION LAND:
Lot 4 is to be sold by Savanah to the City of Aspen for the pu']>Ose of open space. Lot
4 shall be zoned Wildlife Preservation (wPl. It is the intention of t~;s zone district that
this Property remain opec with a trail system and appropriate bridge connections to the
Rio Grande Trail. Neither the Consortium nor any of its individual members thereof
"hall have any responsibility wha:~oever for the construction, installation or main:l.'nance
of any trail or other recreational facilities to be inco']>Orated into Lot 4. Exact trail
locations must be approved by the Planning Director giving priority 10 those alignments
which minimize damage or disruption to existing vegetation and landscape and which
subordinate grade considerations and, thus, minimize switchbacks, Lo preservation of
existing topography.
-
(al Utilities. The Final Plat shows utility line easements as existing and
proposed" for electrical, gas, storm and sanitary sewer, and water.
.
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I. Site Improvements
Lot 5 is Savanah's Property and is zoned RHF according to and as shown on the Plat.
Existing development on Lot 5 consists of the eight trustee houses, each of approximately
1,750 square feet, consisting of three bedrooms and two baths. Development has been
approved for an expansion and renovation of the existing trustee houses to create eight
three.bedroom units of 2,500 square feet of FAR each. In addition three new trustee
houses shall be developed on Lot 5, one on the South end of the existing units and two
on the North end of the existing unils. Each new unit will be 2,500 square feet of FAR
with three bedrooms. Total build.out on Lot 5 shall consist of eleven unils with thirty.
three bedrooms and 27,500 square feet of FAR, excluding ca']>Orts (lip to 500 square feet
rer dwelling unit). FARs and the definitions thereof for the existing and new trustee
houses shall remain as set forth and defined in th< Aspen Land Use Reg!llations in effect
as of June 10, 1~91. notwithstandi"g and shall survive for not less than the three year
E. LOT 5 - THE TRUSTEE HOUSES AT THE ASPEN MEADOWS:
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period next succee:!:,,!! ItUil': ;P, :~}:Jl. any ~ubsequcntly adnplcd reduction in or change
to the definition or calculation of FARs. The three new residences have received an
allotment under the GMQS and have received variations for setbacks, height and open
space, as noted on the Plat and as des;rihed below.
1. Dimensional Reouirements and Variations Therefrom
The following dimensional rCfjuiremenlS are for the RMF Zone Districl;
variations in these jcquirements that have been granted for the development
activity contel~r!.ltt,;cJ ;1'[ Lot 5 are nOled:
a) Minimum 101 size Lq. fl.): 6.000 . P.
b) MinimulT. lot area per dwelling unit "
.
i) 3 bedroom lInil: 3,630 sq. ft.
c) Minimum lot width: 60 feel
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d) Minimum front yard: ~
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i) Princir"' building: 10 feet f
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ii) ArcessllfY budJing: 15 feel "
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(Note. A variation frLm minimum RMF Zone District fronl yard ./
setbacks for accessory buildings has b:en granted by the City to I
zero feet foe Lot 5,) ,
e) Minimum side yard: 5 feet l
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f) Minimum rear yard: ,.
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i) Principal building: 10 feet 'J,
ii) Accessory building: 15 feet ;
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g) Maximum height: 25 feet
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(~. A dimensional height variation for the two northernmost trustee
house. has been granted by the Cily for up to eight feel.)
h)
Percent of open spac~ rc:qUlIl.:d for huilding site:
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35%
23
(~~Minir"um RMF Zone District open space requ~ents have been
waived by the Cily for Lot 5 in consideralion of the open space olherwise
provided in Ihe SPA developmenlplan,)
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External r-AR (tT1a..~imum):
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Internal.',\R:
110 requirement
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Off,sl,eet pl!rking requi,ement:
I space per bed,oolll
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2.
Condominiumizalion and Si't Month Minimum Lease Re!]uirement
Pursuant to findings made during the approval process and in aecOldance with
Section 24.7.1007 of the Municipal Code, the Cily has g,anted and awarded
eondominiumization approval for all eleven ullils contemplaled for Lot 5.
Condominiumization of the eight existing units is subject to payment of an
affordable housing impact fee aCCllrding 10 Section 24.7.1007A(I)(c). The fee
lotals $64,240 and shall oe paid at time of recordalion of the condominium plat
and declaration for Ihe unils on Lot 5.
,.
.
The six month minimum tease requirement for condominium units as contained
at Seclion 24.7.1007 (A)(I)(b)( I) of the Municipal Code has bccn and hereby is
waived as to all the condominium units on Lot 5 as approved by this SPA plan.
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Sl1UmorovcmCl!.t~
(a) ~. Alllelephone, elcctric and cable lines on the Property servicing
the improvemenls shall be undergrounded. All waler and sanilary sewer
lines shall be designed and constructed in accordance wilh slandards of Ihe
Cily and of the ACSD and wrillen casemenls will be provided if and as
required confirming the a~-hllilllo('atitln of each easement.
(b) 1.1ndscaw Imorovcmc!!!1. Savanah shall abide by and substantially
conform 10 Ihe Irce rCllloval and landscape plans recordcd as part of Ihe
Pial in nook .'1" at Page 5", el'eq. of the Records. lhe landscape
plans depict and describe Ihe nalure, extent and local ion of all planl
. malenals in appropriale relation to scale, species and sile of existing plant
malr.nal, flower and shrub bed definition, a plant material schedule wilh
common and botanical names, siles and quantilies, proposed trCo1tment of
all ground surfaces (t.g., paving, turf, gravel,lerracing, elc.), decoralive
water features, retaining walls, fencing, bcnche" and all olher agreed-
upon landscape features. Such landscaping shall be complcled in a logical
sequence commensurale with the staging of improve men IS as conlcmplated
in the Lot 5 Construction Schedule, but in no event later than one year
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after the date of issuance of the Certificate of f)r('upancy for the final
phase of improvements. It is the mutual understanding of the parties that
Certificates of Occupancy may in fact issue for illlpro\"C'ncnls even though
!jl~ l.\l1dscaping improvements related thereto have nllt :..~t heen l"omplct.
cd, so long as that portion of the financial guaranty pn,lvidcd for in this
Agreement, .which covers the estimated cost of :mch unfinished landscap-
ing remains availahle to the Cily pursuanllo the terms 01 this Agreement.
Alllr"" replacemenl ,hall be 011 a one.lo.one caliper inch basis throughout
th~ Project as a whole with milli",urn size at I 1/2" caliper.
4. Trails
The Plat depicts all trails dedicated Of con\'c)'cd to public IIse and all casements
linking off.site traih to the Pr0j~cl's trail system, including Ihe trail eascment
between the tennis tuwnhouses and rcstaurnnt. \VriUcn easements shall be
executed and conveyed after trail construction confirming the as-built location of
each easement. ^ portion of the trail E.lsement for the tr<l.i1 from t\tcadows Road
to Lot 4 cresses Lot 5, as depicted (,11 Ihe Plat. Trail construction on this
f:' TT"cnt and any other appurtenant recreational facilities and amenities and
I \IIdscoping is the sole re'ponsibilily of Ihe Cily of '\'I'on. Neilher Savanah nor
Ihe Consortium shall have Jny financial ," i,,,nsibiliIY fur OilY of Ihis work or for
the maintenance of any casclllents.
5. Einancial AS!iur~nces
In order to secure the construction of the site and landscape impro....cments in
Paragraphs 3(a) and (b) above and 10 guar"ntee 100% of the estimatcd cosl of
such improvements, Savamh shall guarantce by irrevocable bond, sight draft or
Icttcr of commitment or credit from a financially responsible lender lhat ft!nds in
Ihe amollnt of such estimolcd cosls, are held by il for the accuunt ,,[ rily for Ihe
construction and installation of the abovc-dl'sl.:ribed impron.'li',-n(s. As a
c(mdition for issuance of a building permit for a portion Of all ur the renovation
and new construclion anticipated herein, Sa'.'anah and City shall agrce on Ihat
portion or Ihe work oUllined in Paragraphs 3(a) and 3(h) abo\'e rcasonably
necessary 10 complele Ihe \'\,,:k for which a permit is being '''light and the
lIlutu,t1lyagreed upon financial assurances shall be delivered 10 Ihe Cily prior 10
issuance or the building permit. All financial assurances given by Savanah 10
Cily. in all events, shall give the City Ihe unconditional right, upon and following
default by Savanah, notice Ihereof hy the Cily, and a [orty day right Ihereafter to
cure, to withdraw funds as necessary ;\IId upon demand 10 partially or [ully
complete and/or pay for any of sudJ improvements or pay any unconlestcd
outstanding bills for work done theRon by any party, with any excess guaranty
amount to be applied first to additioll;}1 ad01ini'ilrati,,'c or legal CO'its :l..\r~...iatcd
\\'ilh any such default and (he repair of any uCh:m1ration in improvemellls .t1rc3t1y
25
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construct"d before the unu,ed remainder (if any) of such guaranty is released to
Savanah. As portions of the required improvements are compleled, the Public
\Vorks Director shall inspect them, and upon approval and written acceptance, he
shall authorize the release from the guaranty delivered by Sa\an"h of ,!., ',rced
estimated cost for that portion of the improvements except that IO';l, of li;.:; actual
cost of the sile or landscape improvemcnts shall be retained un Iii all proposed site
or lo"dscape imp'o\'ements are completed and approved by the Public Works
Director.
.
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At anytime and from time to time, Savanah shall have the right to substitute for
the form of financial assurance given, so long as such substituting form meets the
requirements for form and content above set fort~. Any such substitution shall
be subjeclto the prior apnruval of City Anomey in his determination.
6. Emolovee Housin!!
Savanah and the City acknuwledge lhatthe renovation and cxpansion of tt,. oight
trustee houses do not crcale any employee impact because the bedroom count in
each unit remains at 3. Savanab _,hall pay ta the City an affordable housing
mitigation impact fee for 1.66 low income employees per unit for each of the
three new residential units on Lot 5, in an amount to be calculated pursuant to
those fee guidelines in err,.:t it ':0 time the fee is to be paid. The fee shall be
paid prior to the issuancc of ,he building permit for construction of any new
residential unit on Lot' - J ,:,all be paid in proportion to lhe number of units
sought to be permitkd.
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LOT 6 - THE TENNIS TOWNHOMF.5 AT THE ASPEN MEADOWS:
Lot 6 is owned by Savanah and is zoned RMF according to and as shown on the Plat.
Currently Ihere is no residential development on Lot 6. Approved under this plan is
development of seven town home units of three bedrooms and 2,500 square feet of FAR
each. Total build out on Lot 6 shall consist of seven units wilh twenty-one bedrooms and.
17,500 square feet of FAR, excluding carports (up to 500 square feet per dwelling unit).
FARs and the definitions thereof for the existing and new truslee houses shall rcmain as
set forth and defined in the Aspen Land Use Regulations in effect as of June 10, 1991,
notwithstanding and shall survive for not less than the three year period next succeeding
June 19, 1991, any subsequently adopted reduction in or change to the definition or
calculation of F ARs. The seven new townhomes have received an allotment under the
City GMQS and have received variations for height, open space and setbacks for
accessory buildings. all as noled on the Plat and described herein.
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The Trustee Townhomes
at the Aspen Meadows
Condominium Association, Inc.
1000 North Third Street
Aspen, CO 81611
(970) 544-7900
Fax: (970) 925-4188
David T. McLaughlin
PmUJ.n,
Merrill M. Ford
Via PrtsJdenl
June 10, 1997
John G. Sarpa
&mtary
Presley Reed
T"",,,~
Mr. Stan Clausen
Director of Community Development
City of Aspen
130 S. Galena Street
Aspen, Colorado 81611
Re: Application of Trustee Townhomes at-the-Aspen Meadows Condominium
Association and The Aspen Institute, Inc.
Dear Mr. Clausen:
The Trustee Townhomes at-the-Aspen Meadows Condominium Association, Inc.
authorizes the office of Rhonda J. Bazil, P.c. to act on its behalf in pursuing an application for
an extension of the vested rights for Lot 5, Aspen Meadows Subdivision. Our representative
may be contacted at the following address and telephone number:
Rhonda J. Bazil, Esq.
Rhonda J. Bazil, P.C.
323 W. Main St., Suite 301
Aspen, Colorado 81611
(970) 925-7171
Please contact Rhonda Bazil if you need any additional information relating to this
application.
Sincerely,
TRUSTEE TOWNHOMES AT-THE-ASPEN
MEADOWS CONDOMINIUM
ASSOCIATION, INC.
JUN-12-97 09,16 FROM,THE ASPEN INSTITUTE
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10,4108279182
PAGE
2/2
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Aspe~
Institute
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Q. __MD21858
(410) __
Fco (410) 8I'1.flSZ
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ISSSNcwt' 1" cA....NW
Suite 1000
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(202) 736a!OO
- (202) 467oO'l9O
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IlIOONcnhlbird_
"'pea, CO 81611
(97O)~IO
,.,. (970) 92S4188
c,mIlia N._
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J\IlIe 11. 1997
Mr. SIan ("1""""1l
Director of Community Development
City of Aspm
13() s. GalC118. Street
Aspen. Colorado 81611
Re: Application of1'l'utee Townbomes at..tJae-Aspea Mallows Coadomiaiam
Asso'""'1ioD lIIId The A.spea IDstitate, Inc:.
Dear Mr. CIlWS"U'
The Aspen Inst:itule, Inc. authorizes the oflic;e ofRhonda J. Bazil, P.c. to act 011 its
beba1fiD. pumUng an application for an ~ of the ves1Zd rigll1s for Lot S. Aspc:n
Meadows Subdivision. Our .~pI.......dil%i .e may be COllIacteO at the following address and
talephonc IIll1I1ber.
Rhonda J. Bazil, Esq.
F:"^"'&' J_ Bazil. P.c.
323 W. Main St., Suite 301
Aspen, Colollldo 81611 .
(970) 925-7171
. ..--PIease CODIaCt Rhonda Bazil if you need any additional informalion relating to this
application.
Sincclely,
The Aspen Inst:itute. Inc.
Br~d-~
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ORDINANCE #4
(SERIES OF 1997)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH
EXTENSION OF THE 1990 RESIDENTIAL GMQS ALLOTMENTS AND VESTED
RIGHTS GRANTED BY ORDINANCE NO. 14, SERIES OF 1991, AND EXTENDED BY
ORDINANCE NO. 22, SERIES OF 1994, ORDINANCE NO. 10, SERIES OF 1995,
ORDINANCE 38, SERIES OF 1995, ORDINANCE NO.6, SERIES OF 1996, AND
ORDINANCE NO. 26, SERIES OF 1996, FOR THREE NEW TOWNHOMES AND THE
ASSOCIATED RESIDENTIAL DEVELOPMENT APPROVALS ON LOT 5 OF THE
ASPEN MEADOWS SPECIALLY PLANNED AREA, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
WHEREAS, pursuant to Section 26.100.100 of the Aspen Municipal Code, City Council
may grant an extension of GMQS allocations up to six months for developments other than
detached residential and duplex units; and
WHEREAS, on June 10, 1991, City Council adopted Ordinance No. 14, Series of 1991,
which approved the Aspen Meadows Specially Planned Area Final Development Plan and included
residential GMQS allocations; and
WHEREAS, the GMQS development allotments included the construction of three new
townhomes Lot 5; and
WHEREAS, the development allotments expire on the day after the third anniversary of
the date the GMQS allocations, or other development approvals, have been awarded; and
WHEREAS, Council has granted five prior six-month extensions which extended the
GMQS allocation and vested rights to December 19, 1996; and
WHEREAS, the applicants, the Aspen Institute and the Trustee Townhomes At-The-Aspen
Meadows Condominium Association, have requested another six (6) month extension of the
GMQS allocations for Lot 5 of the Aspen Meadows Specially Planned Area; and
'-
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Ordinance No. 26, Series of 1996
Page 2
WHEREAS, the applicant also requests an extension of vested rights status, to coincide
with the GMQS allocation extension; and
WHEREAS, the Community Development Department, having reviewed the application
recommends approval of a six (6) month extension of the GMQS allotments and vested rights
approved in Ordinance 14, Series of 1991; and
WHEREAS, the Aspen City Council, having considered the Community Development
Department's recommendation for the GMQS extension, does wish to grant another extension for
six (6) months and extend vested rights staTUS. finding that the delay caused by the Institute's
inability to purchase Lot S until the lot was released from litigation prevented commencement of
construction, and that the applicant has diligently pursued the project's completion in all reasonable
respects, and the extension is in the best interests of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1:
Pursuant to Section 26.100.100 of the Aspen Municipal Code, City Council does hereby grant the
applicant another six (6) month extension of the 1990 Residential GMQS allocation approved by
Ordinance 14, Series of 1991; extended by Ordinances No. 22, Series of 1994, No. 10, Series of
1995, No. 38, Series of 1995, No.6, Series of 1996, and No. 26, Series of 1996, for Lot 5 of the
Aspen Meadows Specially Planned Area beginning December 19, 1996, and ending June 19, 1997
with the following conditions:
I. The applicant shall plant approximately 15-20 more trees along Meadows Road, consistent with
the approved landscape plan. This shall be completed by October IS, 1997. In addition, the
applicant is responsible for the relocation of several Aspen trees that have been planted in the
trail easement by October IS, 1997.
2. The six (6) month extension shall begin at the date of expiration of the previous 6 month
extension which is December 19, 1996 and expire on June 19, 1997,
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Ordinance No. 26, Series of 1996
Page 3
Section 2:
Pursuant to Section 26.100.100 of the Aspen Municipal Code, City Council does hereby grant the
applicant an extension of vested rights status for the site specific development plan for Lot 5 of the
Aspen Meadows Specially Planned Area as approved by Ordinance 14, Series of 1991 and
insubstantially amended by Planning Office memo dated March 16, 1995, with the following
conditions:
1. The extension ofvested rights shall be for six months to June 19, 1997,
2. The rights granted by the site specific development plan approved by this Ordinance and the
insubstantial amendment shall remain vested for a period of five years and 363 days from June
21, 1991. However, any failure to abide by the terms and conditions attendant to this approval
shall result in forfeiture of said vested property rights.
3. The approval granted hereby shall be subject to all rights of refer end urn and judicial review.
4. Nothing in the approvals provided in this Ordinance shall exempt the site specific development
plan from subsequent reviews and or approvals required by this Ordinance or the general rules,
regulations or ordinances or the City provided that such reviews or approvals are not
inconsistent with the approvals granted and vested herein.
5. The establishment herein of a vested property right shall not preclude the application of
ordinances or regulations which are general in nature and are applicable to all property subject
to land use regulation by the City of Aspen including, but not limited to, building, fire,
plumbing, electrical and mechanical codes. In this regard, as a condition of this site
development approval, the developer shall abide by any and all such building, fire, plumbing,
electrical and mechanical codes, unless an exemption therefrom is granted in writing.
Section 3:
The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general
circulation within the City of Aspen no later than fourteen (14) days following final adoption
hereof.
Section 4:
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason
held invalid or unconstitutional by any court of competent jurisdiction, such provision and such
holding shall not affect the validity of the remaining portions thereof.
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Ordinance No. 26, Series of 1996
Page 4
Section 5:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 6:
A public hearing on the Ordinance shall be held on the 10th day of February, 1997 at 5:00 P.M. in
the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (IS) days prior to which
hearing a public notice of the same shall be published one in a newspaper of general circulation
within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 27th day ofJanuary, 1997.
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ATTEST:
V' Ji<<-
Kathryn S. och, City Clerk
FINALLY, adopted, passed and approved this 10th day of February, 1997,
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, :~Proved for this lot. The property is located at.A lor public inspection during regular busines1 ) s/BIII Tuite. C
Lot 5, Aspen Meadows SpecIally Planned Unit.. hours in the Office of the. Clerk and Recorder .' Board o(CountyCommissio;
For further Information, contact Amy Amidon, "" S30 East Main Street, Aspen, Colorado 81611 (' Published in The Aspen TImes on July 26 I',
(970) 920-5096 at the Aspen/Pltldn Communtty" Phone (970) 920-5180. ~ ~ '
Development Department. 130 S. Galena St., '1, Jeanette Jones, Deputy Counry ae " NOTICE OF PUBUC HEARING BEFORE Tt-:
Aspen, CO. . s/BIII Tuite. Chair \.0 PITKIN COUNTY BOARD OF ADJUSTMENT
I stJohn SeMelt, Mayor Board of County Commlsstonen\ \y AU. PROPERTY OWNERS AFFECTED BY"'"
\ Aspen City Council Published In The Aspen TImes on July 26,1997. REQUESTED ZONING VARIANCE
Published In the Aspen Times on July 26, 1997. DESCRJBED BELOW:
PUBUC NOTICE Pursuant to Pitkin County Zoning Resolu;
PLEASE TAKE NOTICE: That the Board 01 of June S. 1955, as amended. a Public Hear
County Commissioners of Pitkin County, will be held to consider an application '
Colorado, at a special meeting on July 16, 1997, with the said Board of Adjustment reques'
and alter a daly-noticed public' hearing, authority lor variance Irom the provision
adopted the following Ordinance: the County zoning Resolution.
ORDINANCE OF THE BOARD OF COUNTY All persons affected by the propo'
COMMISSIONERS OF PITKIN COUNTY, variance are invited to appear and state t,
COLORADO ADOPTING - HISTORIC PRE. views, protests, or obJections. If you can:
SERVA1l0N GUlDEUNES FOR REDSTONE AND appear per$onally at such meeting, then
HlSTORlCRESOURCESOFTHECRYSTALRIVER are urged to state your views by lett
VALlLY particularly if you have objection to su
Ordinance No-. 97 variance, as the Board of Adjustment will~.
Notice of public hearing p\lblished in The serious consideration to the opinions
Aspen TImes on the 14th day of June, 1997. surrounding property owners and oth,..
Copies of the full text: of the Ordinance are affected in deciding whether to grant or {k
avanable for public Inspection during regulu the request for variance. A VARIAN
olllce hours in the office 01 the Clerk and GREATER THAN OR LESS THAN TH
Recorder, 530 E. Main St.. Aspen, Colorado REQUESTED COUlD BE GRANTED.
81611. Phone: DAn: AND TIME OF MEETING;
(970) 92fl.51SO. Tuesday, AulUst 5, 1997; 5:15 P.M.
Jeanette Jones, Deputy County Cleft LOCATION OF MEETING:
Published In The Aspen TImes on July 26, 1997. P1tldn County Ubrary Meeting Room,
120 North MJU, Aspen, CO
PUBUC NOTICE I KAPPEU, WERNER: Requesting approval for
RE: COUGAR CANYON SUBDIVISIO"" 27' Front Yard Setback VlU1ance. where 50 .
DETAILED SUBMISSION/FINAL PLAT AN~ required tor a 3.137 acre lot In the AFR-l0 zo
REZONING district, lor the construction of a detach"
NOTICE IS HEREBY GIVEN that a public garage. Property location: 976 Medicine Bu
hearing will be held on Wednesday, August 27, Road, Lot 1, Block 4, Brush Creek.
1997 at.. regular meeting to begin at 3:00 PM PITKIN COUNTY AIRPORT: Requestir_
betore the Board of County Commlsaloners, approvalfC>>' a 2' Height Variance, where 6'
Plaza One Conference Room, 530 E. Main St., allowed in the PUB zone district,to construct
Aspen to consider an application submitted by security fence within the 200' arterial highw.l
Cory Point Partners. LtC requesting combined setback.
PUBUC NOTICE Detailed Submission and Final Plat approval to Published In The Aspen Times on July 26, 199-:-
RE: HOLY CROSS ELECTIUC SPECIAL REVIEW subdivide approximately 954 acres ir)to five lots q;
NOTICE IS HEREBY GIVEN that a public hearing 01 160. acres each and is also requesllng to. r-.. NOTICE OF PUBUC HEARING TO ADJACENT
will be held on Wednesday, August 27, 1997 at a rezone the property from AFR-lO to RS,.160. Ther _'\ PROPERTY OWNERS BEFOREnfE PITKIN
regular meeting to begin at 3:00 PM before the property Is located west ot Highway 82, north, .~ COUNTY BOARD OF ADJUSTMENT
Board of County Commissioners. Plaza One ot Brush Creek Road and above Cozy Point: TO ALL PROPERTY OWNERS AFFECTED B'
Conference Room. 530 E. Main St., Aspen to Ranch, and Is described as a parcel ot land Inlb\THE REQUESTED ZONING OR USE VARlANC:
consider an application submitted by Holy Sections 16, 17,29 and 21. Township 9 South.;~'DESCRlBED BELOW: Pursuant to Pitkin Count.
Cross Electric Association requesting Special oj Range 85 West. For lurther Infonnatlon conlact~, i Resolution of June 5, 1995, as amended.
Review approval for an expansion to the ~ Suzanne Wolff at the Aspen/Pitkin Community \ Public Hearing will be held to consider 31
existing radio repealer laclllty in AF-Skl area on -\ Development Department (970) 92{1-5093. "'application flied with the said Board 'J
Aspen Mountain. The property is located at on ~ Copies 01 the proposed Resolullon and~AdjUstment requesting authority for variane:
Aspen Mountain, at the top 01 Buckhorn skI. ~ Ordinance are available for publiC inspectiom lfrom the provisions of the County Zonin
run. For further Information contact Lance1-..l during regular business hours in the Olllce 0' Resolution.
Clarke at the Aspen/Pitkin Community/ - the Clerk and Recorder, 530 East Main Street~ All persons affected by the propose'
Development Department (970) 920-5452., _Aspen, Colorad081GII. Phone (970) 920-5180. J variance are invited to appear and state thel~
Copies 01 the proposed Resolution are available I, Jeane~_t~ .Jo.~_es, ~~~ty :~I.\~ty Cl':~':... . v~e~,: pr~~:l!~s,_ or ~~j~U~~s. J~Y~u;. !=annot
PUBUC NOTICE
( RE: ASPEN MEADOWS EXTENSION OF
VESTED RIGIfJ'S - Lot lA
NOTICE IS HEREBY GIVEN that a public
. . hearing will be held on Monday, August .11,
~ 1997 at a meeting to begin at 5:00 p.m. before
the Aspen City Coundl, City Coundl Chambers,
'It j City Hall, 130 S. Galena St., Aspen, to consider
),I \ an application submitted by the Aspen
"\. InstJtute, Inc.. requesting a three year extension
),. I of WlIted rights and a six month extension In -----_--.fUBlJC.N01lCE----- _
V the expiration of the growth management RE: DELISE EXTENSION OF VESlID RIGHTS'
\J :o~':sa=~eda~~~et~~~o:enr.o:.~J:: (C~i~EREBY GIVEN that a pUbllc.1
Specially Planned Area. For further Inlormatlon, hearing will be held on Wednesday, August 27,
contact Amy Amidon, (970) 920-5096 at the 1997 at a regular meet:ingto begin at 3;00 PM
Aspen/Pitkin Community Development before the Board ot County Commissioners, .
Department, 130 S. Galena St., Aspen, CO. Plaza One Conference Room, 530 E. Main St.,
s/John Bennelt Mayor Aspen to consider an application submitted by,
-.... AspenCltyCoundl Don Delise requesting an Extension of Vested;
Published In The Aspen Times on JuJy26, 1997. Rights for a 1041 Environmental Hazard Review'
I. approval granted by BOCC Resolution 94-218.
PUBUC NOTICE ~ The property Is located on the east sJde of the
RE: POMEGRANATE REZONING FROM P, \ Castle Creek Valley approximately 4 miles from
(PARK)TORMF(RESlDENIlALMULll-FAMILY) \j the Prince of Peace Church and 500 teet
NOTICE IS HEREBY GIVEN that a public ,- northeast 01 Castle Creek Road. and Is described,
hearing will be held on Monday, August II, >II( u The Philadelphia MlIlsJte, USMS 7570B, The
1997 at a meeting to begin at 5:00 p,m. before ~ Wilton Belle MlninS Claim, USMS 2127 and The
the Aspen City Council, Cily Coundl Chambers, '\. Mary Mining Claim, USMS 7570A an situate. lying
City HaD, 130 S. Galena St,. Aspen, to consider "-land being In the Highland Mining District,
an appllcallon submitted by The Pomegranate SectIons 35 and 36. Township 10 South, Range 85
Condominium Association Board of Directors West of the 6th PM. For further inlormatlon
requesting Rezoning from P (Park) to RMF contact Lance Clarke at the Aspen/PUkln
(Residential Multi-Family) to allow for Community bevoeJopment Department (970) 920-
construction ot garases. The property Is 5452. Caples of the proposed Resolution are
described as a 1.92 acre tract of rand situated In available lor public inspection during regular
Lot 4 of section 1 I. Township 1Q South, Ranse business hours In the Office of the Clerk and
85 West of the 6th P.M.. City 01 Aspen. PItkin Recorder, 530 East MaIn Street, Aspen. Colorado
County, Colorado, generally described as the 81611. Phone (970) 920-5180.
land between the Pomegranate Condominiums Jeanette Jones, Deputy County Clerk
and Highway 82. For further Information S/BIII Tuite, Chair
contact Chris Bendon at the Aspen/Pilki~ Board of County Commisslonen
Community Development Department, 130 S. Published In The Aspen Times-on July 26. 1997.
Galena St., Aspen, CO (970) 920-5072.
. IIJohn Bennett, Mayor
\. Aspen City Council
'ft.u.bllshed In The Aspen Times on July 26,1997.
PUBUC NOTICE
( RE: ASPEN MEADOWS EXTENSION OF mTID
.' R1GfffS - LOT 5
NOTICE IS HEREBY GIVEN that a public
(hearing will be held on Monday, August 11.
1997 at a meeting to begin at 5;00 p.m. belore
the Aspen City Council, City Coundl Chambers,
City Hall. 130 S. Galena St., Aspen, to consider
an application submitted by the Aspen
\ Institute, Inc. & The Trustee Townhomes At.
The-Aspen Meadows Condominium ASsociation
\requesting a six month extension of the vested
.~~(bts grante.d.by the City for the project
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Request for Extension of Vested Rights
for The Trustcc Townhomes At-The-Aspen Meadows
I. Applicants: The Trustee Townhomes at-thc-Aspen Meadows Condominium
Association, Inc.
1000 N. 3'd Street
Aspen, Colorado 81611
(970) 544-7922
The Aspen Institute, Inc.
2010 Carmichael Road
Queenstown, MD 21658
(410) 820-5429
This application is filed by the Trustee Townhomes at-the-Aspen Meadows Condominium
Association, Inc. (The "Association") on behalf of the owners of Units 2 through 9. The owners of
each of the Units are as follows:
Unit 2:
Unit 3:
Unit 4:
Unit 5:
Unit 6:
Unit 7:
Unit 8:
Unit 9:
Bell Mountain Partners Limited Partnership
The Aspen Institute, Inc,
Presley O. Reed
Merrill M. Ford
Esther B. Ferguson and James L. Ferguson
Jan Jones Sarpa, Mary Sarpa, John Sarpa and Dr. J.R. Sarpa
David T. McLaughlin
Richard D. Lamm and Harris D. Sherman
Pitkin County Title, Inc. has prepared a certificate of ownership, confirming the list of owners. A
copy of the certificate is attached hereto,
The Aspen Institute, Inc. is an applicant based on its status as the Declarant under the terms
of the Condominium Declaration.
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II. Applicants Representative:
Rhonda 1. Bazil, Esq.
Rhonda 1. Bazil, P.C,
323 W. Main St., Suite 301
Aspen, Colorado 81611
(970) 925-7171
Letters from the Applicants authorizing the representative to act on their behalf are attached to this
application.
III. Street Address and Legal Description:
Condominium Units 2 though 9, the Trustee Townhomes at the Aspen Meadows, a
Condominium according to the Condominium Plat thereof recorded in Book 39 and
Page 16 and as described in the Condominium Declaration for the Trustee
Townhomes at-the-Aspen Meadows recorded on February 6, 1996 as Reception No.
389723,
21-91 Meadows Trustee.
IV. Present zoning:
RMF-SPA.
V.
Lot Size:
2.953 acres,
VI. Existing Approvals:
The eight existing Trustee Townhomes are located on Lot 5 of The Aspen Meadows
Subdivision and consist of approximately 1,750 square feet each. Each Unit originally had three
bedrooms and two baths, The Townhomes were originally designed by Herbert Bayer and are listed
on the City of Aspen's historic inventory.
The Specially Planned Area Development and Subdivision Agreement for The Aspen
Meadows provides for an expansion and renovation of the existing Townhomes to create eight three-
bedroom units of2,500 square feet of FAR each. The relevant portion of the SPA Agreement is
attached hereto.
The owner of Units 1, 10 and II previously received approval to relocate the unit boundaries
and to revise the SPA approvals.
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VII. Request for Extension of Vested Rights:
The vested rights on this project have been extended through June 19, 1997 by Ordinance
4, Series of 1997. The Applicants request an additional six month extension to allow them to pursue
a modificationof the expansion approvals. An application for an Insubstantial Amendment to
Specially Planned Area and Historic Preservation Commission Significant Development Review was
filed by the Institute and the Association on June 2, 1997, That application seeks the modification
of the expansion approvals in the SPA Agreement to allow for the enclosure of a portion of the
terrace. By enclosing a portion of the terrace, the Units will increase in size from 1,750 existing
square feet to 2,006,5 square feet. The remainder of the approved expansion would not be
constructed by the Unit owners. This would result in a net reduction of 493.5 square feet for each
Unit from the SPA approvals.
Under the provisions of the Municipal Code of the City of Aspen, Section 26.100.100(A)(2),
developments are eligible for extension of vested rights, To obtain an extension, an application shall
be submitted prior to the approval deadline which shall demonstrate to the satisfaction of City
Council that the following three conditions have been met:
(a) Those conditions applied to the project at the time of its final approval that were
to have been met as ofthe date of application for exemption have been complied with.
To the best of the Applicants' knowledge, they have complied with all of the conditions
imposed on the project under the SPA Agreement.
(b) Any improvements that were required to be installed by the applicant prior to
construction of the project have been installed.
To the best of the Applicants' knowledge, all of the required improvements have been
installed.
(c) The project has bcen diligently pursued in all reasonable respects, and the
extension is in the best interests of the community.
This project has been owned by several parties since the expansion approvals were obtained.
The current owners of Units 2-9 purchased their Townhomes in February of 1996. Since that
time, the owners applied for and obtained a minor development amendment to the SPA
approved expansion plans and are currently seeking a second amendment to the plans,
Besides reworking the expansion approvals to more accurately reflect the current owners
needs, they have been concentrating on upgrading their infrastructure during the last year by
installing a new sewer line. This work clearly evidences an intent to diligently pursue the
project.
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In summary, The Institute and the Association request an extension of the vested rights for
the Trustee Townhomes for a six month period ending on December 19,1997.
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VIII. Exhibits:
The following exhibits have been enclosed with this application:
Certificate of Ownership
The Aspen Meadows Specially Planned Area Development and Subdivision
Agreement (Lot 5 provisions)
Letters of authorization from the Institute and the Association
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CERTIFICATE OF OWNERSHIP
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the
State of Colorado hereby certifies that:
1. BELL MOUNTAIN PARTNERS LIMITED PARTNERSHIP, AN ILLINOIS LIMITED PARTNERSHIP
AS TO UNIT 2
2. PRESLEY O. REED AS TO UNIT 4
3. MERRILL M. FORD AS TO UNIT 5
4. ESTHER B. FERGUSON AND JAMES L. FERGUSON AS TO UNIT 6
5. JAN JONES SARPA, MARY S. SARPA, JOHN SARPA AND J.R. NICHOLAS SARPA AS TO
UNIT 7
6. DAVID T. MCLAUGHLIN AS TO UNIT 8
7. RICHARD D. LAMM AND HARRIS D. SHERMAN AS TO UNIT 9
ALL IN THE TRUSTEE TOWNHOMES AT-THE-ASPEN MEADOWS, ARE THE OWNERS IN FEE
SIMPLE.
COUNTY OF PITKIN, STATE OF COLORADO.
Subject to encumbrances, easements and rights of way of record.
This certificate is not to be construed to be a guarantee of title and
is furnished for informational purposes only.
BY:
INC.
nature
CERTIFIED TO:
5, 1997 @ 8:30 A.M.
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requiremenls for form and con lent above set fOrlh. Any such subSlitulion shall
be subject 10 the prior approval of the City Attorney ill his l.lclcrminalion.
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The Final Plat depicts a trail casement across the Physics Property from Gillespie
Slreetlo the race track Irail on LOI I. Physics and the Cily agree Ihatthis trail
casement is not to be paved. Physics is granling this easemenl bul has no
financial obligalion of any kind for the trail or any related work,
fJ. LOT ~ . C01'lSEJJVATlOt::! LAND:
Lot 4 is 10 be sold by Savanah to the Cily of Aspen for Ihe purpose of open space. LOI
~ sh.!1I be zoned Wildlife Preservalion (WP). II is Ihc inlention of th;s zone dislrictlhal
this Property remain open with 3 trail syslt':lTI and appropriate bridge connections 10 the
Rio Grande Trail. Neither the Consortium nor any of its individual members thereof
"hall have any rcsponsibilily wha:~ocvcr for the construction, installation or main!l..'nance
of any trail or other recreational facililies 10 be incorporated into Lot 4. Exact trail
locations must be approved by the Planning Director giving priority 10 those alignments
which minimize damage or disruption 10 existing vegetation and landscape and which
subordinate grade considerations and, thus, minimize switchbacks, to preservation of
existing topography.
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(a) Utitities. The Final Plat shows utility line casemcnts as exisling alld
proposed for electrical, gas, storm and sanilary sewer, and water.
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E. LQI.5 - TIlE l~RJ'~EE 1I0USr;$ AT T1!LASffN MEADQWS:
1.015 is Savanah's Properly and is zoned RIIF accordillg to and as shown on Ihe Pial.
Existing development on Lot 5 consists of the eight tmstee houses, each of approximately
1,750 square feel, consisting of three bedrooms and two baths. Development has been
approved for an expansion and renovation of the existing lrustee houses 10 create eight
three. bedroom units of 2,500 square feel or FAR each. In addition three new truslee
houses shall be developed on Lot 5, one on Ihe South end of the existing unils and two
on the North end of the existing Wlils, F.ach new unil will be 2,500 square feet of FAR
wilh three bcdrooms. Total buildoul on Lot 5 shall consist of cleven units with thirly-
Ihree bedrooms and 27,500 square fect of FAR, exclllding carports (up to 500 square reel
rer d\'.:clling unit). FARs and the definitions thereof for the existing and new trustee
hOlises shall remain as set forth and delined in the Aspen Land Use Regnlations ill effecl
as of JUlie 10, 1491, OOlwilhslandiog and shall slirvive for notlcS! Ihall Ihe Ihree year
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(~. Minir,lUm RMF Zone District open space requii'l!!lfents have been
waived by Ihe City for lot 5 in consideration of the open space otherwise
provided in the SPA development plan.)
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External fAR (maximum):
1:1
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Internal 1.\R:
no requirement
k)
Off.slreet p2rking requirement:
I space per b(,..-droolTl
2. !:Qm!2mi!!i\!!!!irnfu!!lJl.!lJl.S.i. Month Minimum [&J!K-'k!ll'-l":!!ll:j1j
3.
Pursuant to findings made during the approval process and in accordance with
Section 24.7.1007 of the Municipal Code, the City has granled and awarded
condominiumization approval for all eleven units conlemplated for lol 5.
Condominiumization of the eight existing units is subject to payment of an
affordable housing impact fee acwrding to Section 24.7-1007A(I)(c). The fec
lotals $64,240 and shall ue paid altime of recordation of Ihe condoll1ini"1I1 plat
and declaration for Ihc units un lol 5.
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The six month minimum lease requirement for condominium units as contained
al Section 24.7.1007 (A)(I)(b)(I) of the ~Iunicipal Code has becn and hereby is
waived as to all the condominium units on Lol 5 as approved by this SPA plan.
Site Imorovcmcl!tl
(a) ~. All telephone, electric and cable lines on Ihe Property scrvicing
Ihe improvements shall be unde'grounded. All waler and sanitary sewer
lines shall be designed and construcled in accordance with standards of Ihe
City and of the ACSD and writlcn easements will be provided if and as
required confirming the ns-huilt location of each easement.
(b)
!..;l.!]m~ ImprovemeJill, Savanah shall abide by and substantially
conform to the tree removal and landscape plans recorded as parI of Ihe
prat in Book..ol1 al Page 50. el Jeq, of Ihe Records, The landscape
plans depict and describe the nature, e.tenl and location of all planl
materials in appropriate relalion 10 scale, species and size of existing plullt
malr.nal, "ower and shrub bed definition, a plant male rial schedule with
common and botanical name., sizes and quantilies, proposed trcalmenl of
all ground surfaces (t.g., paving,lurf, gravel, lerracing, elc.), decorative
waler features, retaining walls, fencing, benches. and all other agreed.
upon landscape fcalures. Such landscaping shall bl: cOll1pletrd in a logical
scquence commensurate with Ihe slaging of improvements as contemplaled
in the Lor S Construction Schedule, but in no event later than (lI1C year
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after the dale of issuance of the Certificate of OrC'upancy for the final
phase of improvements. It is the mutual undcrslanding of the parties that
Certiricates of Occupancy may in fact issue for iCllpron"TlCnlS even though
Ijl~ !.lndscapillg improvements related thereto have O{\I Y'.'I heen complet-
ed, so long as that portion of the financial guaranty proviued for in this
Agreement, ,which covers the estimated cost of such unfinished landscap~
ing remains available 10 the City pursuant to the terms 01 this Agreement.
AlIlrcc replacement shall be on a one-la-one caliper inch basis throughout
Ih~ Project as a whole wilh minimum size al I 1/2" caliper,
4. Trails
The PIal depicts all trails dedicated Of conveyed 10 public use and all casements
linking off~site trail!; to Ille Pwjrct's (rail system, including the Irail casement
between the tennis townhouses and restaurnnt. WriUcn l'Jscmcnts shall be
executed and conveyed afler trail construction confirming the as.bllill location of
each casement. ^ portion of the trail Elsement for the trail from Meadows Road
to L.ot 4 CH.'sses LoI 5, as depicted f.n the Plat. Trail construction on this
F:' TT"ent and any other appurtenant recreational facilities and amcnities and
Illldscopillg is Ihe sole re'IJOnsibility of Ihe Cily of ,\'pcn. Ncithcr Savanah nor
Ihe Consortium shall ha\'e any financial,.' i"1I1sibilily for any of Ihis work or for
the maintenance of any caSCIl1~nts,
5. Financial Assur~
In order to secure the constmction of the site and landscape improvcments in
Paragraphs 3(a) and (b) above and to guar~ntce 100% of the estimated cosl of
such improvement!, Savanah shall guaranlee by irrevocable bond, sight draft or
Icller of commilmenl or credil from a financially responsible lender t~at funds in
Ihe amollnl of such estimated COSls, are held by il for the accoulIl "f rily for the
construction and installation of the above.dt..'saibed improwl"!..llIS. As a
condition for issuance of a building permit fOl a porlion or all of the renovalion
and new conslruclion anlicipaled herein, Savanah and City shall agrce on Ihat
portion of the work oUllined in Parograph, 3(a) and 3(b) abo\'e reasonably
necessary to complele Ihe "",k for which a permit is bcing soughl and Ihe
mutually agreed upon financial assurance, shall be delivered 10 the Cily prior 10
issuance of the building permi!. All financial assurances given by Savanah 10
Cily, in all events, ,hall give Ihe City the uncondilional right, upon and following
default by Savanah, nOlice thereof by the City, and a forty day rightlhereafter to
cure, to wilhdraw funds as necessary alld upon demand to partially or fully
complete and/or pay for any of slIdl improvements or pay any uncontesled
oUlstanding bills for work done thcrton by any party, with any ex.cess guaranly
amount to be applied first to atfditioll~1 :'l(fmil1i~lrali\o"e or legal COlitS ;l'.,<;ndaled
with any such default and the repair of any Ul'h:mlralion in improvcmellts ~llr('ady
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after the dale of issuance of the Certilicate of OrC'upancy for the final
phase of improvements. It is the mulual undcrstantling of the parties that
Certificates of Occupancy may in fact issue for improvements even though
tile Ll!ldscaping improvements related (hereto have Ol't :'_'1 heen complet-
ed, so long as that portion of the financial guaranty pro.....iucd for in this
Agreement, .which covers the estimated cost of slIch unfinished landscap-
ing remains availahlc 10 the City pursuant to the terms of this Agreement.
All tr~ rep1acement shall be on a one-to-one caliper inch basis throughout
lh~ Projcct as a whole with minimum size at I 112" caliper.
4. Trails
The Plat depicts all trails dcdicalctl (IT cOl1vcYt..'ulo public me and all casements
linking off.site trail.'i 10 Ihe Pwject's trail system, including the trail casement
between the tennis tuwnhousc~ and reSl.,ur.mt. WriHcn easements sh;11I be
c:l!:ccuted and conveyed after trail construction confirming the as-built location of
each casement. ^ portion of the trail ElScment for the frail from Meadows Road
to Lot 4 Crl'sses Lot 5, as depicted ('11 the Plat. Trail construction on this
F:' Tr"cnt and any other appurtenant recreational facilities and amenities and
l\l1dscaping is the sole rc"'ponsibility of the City of ""pcn. Neither Savanah nor
the Consortium shall have JIIY financial i '''i'lmsibilily fur any of this work or for
the maintenance of any caSCllll"nts.
5. Financial ^ssur~
In order to secure the construction of the site and lancJsc3pc improvements in
Paragraphs 3(a) and (b) above and to guardntee 100% of the estimaled cost of
such improve men I" Savanah shall guarantee by irrevocable bond, sight draft or
Idter of commitment or credit from a ronancially responsible lender I~at funds in
Ihe amollnt of sllch estimaled costs, are held by it for Ihe aecolllll "f rily for Ihe
construction and installation of the abovc-dcsl.:ribcd imprO\'l'li''-lItS. As a
cundition for issuance of a building permit fo, a portion or all of the rCllovalion
and new construction anlicipated herein, Sa"anah and City shall ogree on that
portion of the work oUllined in Pa,"graphs 3(a) and 3(b) above reason"bly
neces<ary 10 complete the \\,,:k for which a permit is being ,,,tight alld Ihe
Illutually agreed upon ronancial assuratlee' shall be delivered 10 the Cily prior to
issuance of the building permit. All ronancial assurances given by Savanah to
City, in all events, shall give the City Ihe unconditional right, upon and following
default by Savanah, notice thereof by the City, and a forty day right thereafter to
cure, 10 withdraw funds as nceess",y atld upon demand to partially or fully
complete and/or pay for any of su;'h improvements or pay any uncolllestcd
oulslanding bills for work dune Ihereon by any party. with any excess gtlaranly
amount 10 be applied first to addition;!! :ldminislrative or legal co')ts a\"lx'iated
\\.'ith any slIch default and the repair of any 4..1l"lt:mlration in illlpro\'CI1lClltS ;:!Irl'ady
25
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constru.c!cu before the III1tJl;cd remainder (if any) of such guaranty is rclL'ascd to
Savallah. As portions of the required improvements are completed, the Public
Works Director shall inspect them, and upon approval and written acceptance, he
shall authorize the release from the guaranty delivered by S;t\llll.ll1 of ~!.~ ::~rccd
estimated cost for thar portion of the improvements except that IO';'~ uf Ii;..; .lCtUal
cosl of Ihe sile or landscape improvemenls shall be retained until all propQ.\ed site
or b!1dsc<tpe improvements 3rc completed and approved by Ihe Public Works
Director.
At anylime and from lime 10 lime, Savanah shall have Ihe righllo substilule for
the form of linancial assurance given, so long 33 such SU'>Slituting form me-elS the
requirements for form and content above set fortll, Any such substitution shall
be subject to the prior apnruval of City Allorney in his determination.
6. EmDloyee Housing
Savanah and the City acknuwledge Ihallhe renovalion and expansion of II. ~iglll
trustee houses do nol create any employee impact because the bedroom COUllt in
each unit remain. at J. Savllnah "hall pay la Ihe City an affordable housing
miligalion imp"CI fee for 1.66 low income employees per unit for each of Ihe
three new residential units on Lot 5, in an amount to be calculated pursuanl to
those fee guidelines in err.",: " ,;:c lime Ihe fee is 10 be paid, The fee shall be
paid prior to the issuance of th~ building permit ror construction or any new
residential unit on Lot" '"J s~lall be paid in proportion to (he number of units
sought to be permilkd.
F,
1.0'1' 6 - TIlE TENNIS TOWNHOMES AT TI/E ASPEN ~IEADillY5:
Lol 6 is owned by Savanah and is zoned RMF according to and as shown on Ihe Pial.
Currently Ihere is no residential developmenl on Lot 6. Approved under Ihis plan is
development of seven town home unilS of Ihree bedrooms ""d 2,500 square feet of FAR
each. Total build oul on Lol6 shall consisl of seven unit. wi'~ twenty.one hedrooms and
17,500 square feel of FAR, excluding carports (up 10 500 square feet pcr dwelling unit).
FARs and Ihe deflnilions thereof for Ihe existing and new lruslee houses sh"1I remain as
sel forlh and defined in lhe Aspen Land Use Regulations in effecl as of June 10, 1991,
nUlwilhstanding and shall survive for not less than Ihe Ihree year period ne.,1 succeeding
June 19, 1991, any subsequenlly adopled reduction in or change 10 Ihe definition or
c"lculalion of FARs. The seven new lownhomes have received an allolmenl under Ihe
City GMQS and have received variations for height, open .sp"ce and selb.leks for
accessory buildings. all as noted on the Plat and described herein.
26
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The Trustee Townhomes
at the Aspen Meadows
Condominium Association, Inc.
1000 North Third Street
Aspen, CO 81611
(970) 514-7900
Fax: (970) 92!H I H8
U"rid T. MrL1ug"hlin
1'/l'.Iidl'll/
Mndll t\l Ford
ri('pl'rr'lidl'll/
June 10, 1997
.Iohl1 G. Soupa
SI'171'((I/)'
Preslt"yRced
Trrf/.\lm>r
~r. Stan Clausen
Director of Community Development
City of Aspen
130 S, Galena Street
Aspen, Colorado 81611
Re: Application of Trustee Townllomes at-tile-Aspen Meadows Condominium
Association and Tile Aspen Institute, Inc.
Dear Mr. Clausen:
The Trustee Townhomes at-the-Aspen Meadows Condominium Association, Inc.
authorizes the office of Rhonda J. Bazil, P.c. to act on its behalf in pursuing an application for
an extension of the vested rights for Lot 5, Aspen ~eadows Subdivision. Our representative
may be contacted at the following address and telephone number:
Rhonda J. Bazil, Esq.
Rhonda J. Bazil, P.c.
323 W, ~ain St., Suite 30 I
Aspen, Colorado 81611
(970) 925-7171
Please contact Rhonda Bazil if you need any additional information relating to this
application,
Sincerely,
TRUSTEE TOWNHOMES AT-THE-ASPEN
~EADOWS CONDO~INIU~
ASSOCIATION, INC.
.......
,
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TheA
Aspe~
Institute
~":'Jg~aa.-
~lOo... .. ...l Ro.I
POlIozm
QI-.-__bre MD 21658
(410) -.s4zt
_ (410) 827-9182
H~
ISMNew~A....NW
Sui"'IO'1O
w...binglon, 1>C_
(202) 7SE>5800
Fax (202) 467.0790
.-..,.c..s".
1000 Nonh Third Scree'
Aa_C081611
(970)~7010
)fax (970) 95-4188
CyndUa N. BwWli
-..~,. rkProsiJ.m~
1m.-; M....""....._
June 11, 1991
Mr. Stan Clausen
Director of Community Development
City of Aspen
130 S. Galena Street
Aspen. Colorado 81611
Re: Application ofTraBtee Townhomes at.tlae-Aspen Meadows Condominium
Association snd TIle Aspen Institute, Inc.
Dear Mr. Clausen:
The Aspen Institute, Inc. authorizes the office ofRhonda J. Bazi1, P.c. to act on its
behalfin pursuing an application for an e:xlensi0ll of the vested rights for Lot 5, Aspen
Meadows Subdivision. Our xep;..scllIative may be contacted at the following address and
telephone 1IllInber:
Rhonda J.:BaziJ. Esq.
RhondaJ. BaziJ, P.C.
323 W. Main St, Suite 301
Aspen, Colorado 81611 .
(970) 925.7171
.--Please contact Rhonda BaziI if you need any additional infonnalion relating to this
application.
Sincerely,
The ~ Institute, Inc.
Byf;id-t; .~
. N. Bufiski
." "l,l
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2'd
S3JI.:J.:I:l l1:1l .l33&S NIt:U 1531 Wd9l :2l l.Eu H t-ru"
JUN-05-1997 10:10
FROM ASPEN/PITKIN COM DEU
""'"
.....,,.!
TO
~
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9-9259199
P.03
ASPEN /PITKIN
COl\1J.\'IUNlTY DEVELOP:MENT DEP AR'J'MENT
. ./.
~~mell1'fl)ch"lD'ent' ()l.C~ of .4!ll~en ~m_t APRli~iin~
Trustee Townhomes -It-the-Aspen
CI1Y OF ASPEN (hereiDafterClTY) aI1Ci Meadows condominiu: Association, Inc.
(hereinafter APPUC.~"iT) AGREE AS FOLLOWS:
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I. APPLIC.'\J.'\IT has submitted to CITY an application f( r
insubstantial amendment of SPA a roval
(hereinafter, TEE PROJECT). J
2. APPLIC.~vr und~ds and agJ:'e:s that City or. pe:J. Ordin:;nc~
~o. 43 (Series of 1996) establishes a fee StrJcmre for PI8nning JppIications and
the payment or all proc::ssmg fees is a condition precedent to a '!ennination of
lImIication com~lete:J.ess. 1
- . .
3. APPLIC.4.J.'\lT and CITY 3g!'ee that because or the -i.ze, natUre Or
SCope of the proposed project, it is not possible at this ti.z:ne to as :::-.ain thefu11
e:aent of the COsts involved- in processing the application. AP LICA.L"Il and
CITY further a2ree that it is in the interest of the Parties that APPLICAL'\JT make
- ,
Pavmem of an initial de~osit and to ~reafter Pe:ntit additional cob to be billed
. '. I
to APPLICAJ.'\j'1" on a monthly basIS. APPLICAJ,'IIT agrees he willlJe be:J.etited by
re~~ g!'eate: c3S.b. liquidity and will make additional ?fyrnentS upon
nOUIlcaaon by the CITY when they are necessary as COstS are lIlCurred. CITY
agrees it will be benefited through the greater certainty of recovdg its full costs
. to process APPUCA.~'T7s application.
4. Cl'IYand APPLICA.'\i'T further agree that it isim~racticable for
CITY staE to complete proc~ing Or present sufJiciem iIlfonbtion 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
CUlrent biIIiJ:lgs are paid in :full prior to decision. !
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JUN-05-1997 10:11
9-9259199 P 04
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5. Th~. APPUCANr __ "'" m~ of !be ~,
,
waiver of its right to colle1:t fUll fees prior to a det.........mm,1m of application
complerel'lP'l'l:, APPUCANT sball pay an initial. deposit in ~ au10unt of S 450. 00
which is for 3 hour.; of plmm;ng staff time, aDd if' actda1 recorded costS
exceed the initial deposit, APPUCANT shall pay additiOIl2i ritoarhlY bminV to
CITY to ~urse the CITY for ~ proc-.,;.,g.of.~ app~Q11 tD-mnn~
above. iTWlnmng post 4!:'",,"u.ral teVteW'. Such penodic ~ sba1l be m..i1..
witbin 30 days of the t,;11ing dale. APPUCANT fo:rthc:r ~ that failure to pay
such ac;roed costs shall be grounds for suspension of pnx-~~
FROM ASPEN/PITKIN COM DEU
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TO
G~r1
By: ~,V--
St3n USOR
CommUBity Development Director
APPuc.-\L~ I .
TRUSTEE TOWNHaMES AT-THE-ASPEN
MEADOWS C. DO INIUM ASSOCIATION, INC.
CITY OF ASPL.~
Bv:
D~ J~ ~P::r;/t~Y
/7
Mailing Address:
1000 North T~ird Street
Aspen, COlor~do ~1611
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Ir-I.support\fonas~
1116191
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RHONDA J. BAZIL, r.c.
ATTORNEYS AT LAW
323 WEST MAIN STREET, SUITE 301
ASPEN, COLORADO 81611
TELEPHONE: (970) 925.7171
FACSIMILE: (970) 925.9199
June 16, 1997
Mr. Stan Clausen
Director of Community Development
City of Aspen
130 S. Galena Street
Aspen, Colorado 81611
Re: Application of Trustee Townhomes at-the-Aspen Meadows Condominium
Association and The Aspen Institute, Inc.
Dear Mr. Clausen:
Enclosed please find an Application for Extension of Vested Rights for the Trustee
Townhomes and the Aspen Institute for Lot 5, Aspen Meadows Subdivision. A check in the
amount of $450.00 is also enclosed to cover the application fee.
Please let me know if you have any questions or if you need anything further on this
application,
Sincerely,
RHONDA J. BAZIL, P,C.
By:
Rhonda J. Bazi1
rjblhs
enc.
cc w/enc.: Mr. Don Schuster
C ~LOAD SUMMARY SHEET . CIT~F ASPEN
"".,.~
DATE RECEIVED: 6/18/97
DATE COMPLETE:
PARCELID# 2735-121-29-009
CASE # A46-97
STAFF: Amy Amidon
PROJECT NAME:
Project Address:
APPLICANT:
AddresslPhone:
OWNER:
AddresslPhone:
REPRESENTATIVE: Rhonda Bazi1
AddresslPhone: 323 West Main Street, Suite 301, Aspen, CO 81611, 925-7171, fax 925-9199
Trustee Townhomes (lot 5) Extension of Vested Rights
1000 N. 3rd. Street, Aspen, CO
The Trustee Townhomes at-the-Aspen Meadows Condo. Assoc., Inc.
1000 N. 3rd. Street, Aspen, CO 8161/
same
RESPONSIBLE PARTY: Applicant
Other Name/Address:
FEES DUE
PLANNING
ENGINEER
HOUSING
. ENV HEALTH
CLERK
TOTAL
$450
$0
$0
$0
$
$450
FEES RECEIVED
PLANNING $450.
ENGINEER $
HOUSING $
ENV HEALTH $
CLERK $
TOTAL RCVD $450
TYPE OF APPLICATION
Staff Approval
# APPS RECEIVED 2
# PLATS RECEIVED
GIS DISK RECEIVED:
P&Z
CC
CC (2nd readin )
REFERRALS:
o City Attorney
o City Engineer (DRC)
o Zoning
o Housing
o Environmental Health
o Parks
DATE REFERRED:
o Aspen Fire Marshal
o City Water
o City Electric
o Clean Air Board
o Open Space Board
o Other:
o CDOT
o ACSD
o Holy Cross Electric
o Rocky Mtn Natural Gas
o Aspen School District
o Other:
INITIALS:
DATE DUE:
APPROVAL:
OrdinancelResolution #
Staff Approval
Plat Recorded:
Date:
Date:
Book
,Page
CLOSEDIFILED
ROUTE TO:
DATE:
INITIALS: