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HomeMy WebLinkAboutcoa.lu.sp.Aspen Meadows Lot5.A46972735-121-29-009 A46-97 ASP,-N Mc,.Acw Trustee Townhomes (Lot 5) Ext. of Vest S F� Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City Land Use Application Fees: — od 00113-63850-041 Deposit -63860-043 HPC -63885-268 Public Right -of -Way -63875-046 Zoning & Sign Permit -MR0I I Use Tax _ 10000-67100-383 Park Dedication 15000-63050-480 AH Commercial _ 15000-63065482 AH Residential _ County Land Use Application Fees: 00113-6380"33 Deposit -63820-037 Zoning -63825-638 Board of Adjustment Referral Fees: 00113-63810-035 County Engineer 00115.63340-163 City Engineer 62023-63340-190 Housing 00125-63340-205 Environmental Health 00113-63815-036 County Clerk 00113-63812-212 Wildlife Officer Sales: 00113-63830-039 County Code -69000-145 Copy Fees Other --� Total_o 0 Name_ Date: ii Check/O 7A Address- Project Case No: — —7— Phone: No. of Copies C :LOAD SUMMARY SHEET - CIT' F ASPEN DATE RECEIVED: 6/18/97 DATE COMPLETE: PARCEL ID # 2735-121-29-009 CASE # A46-97 STAFF: Amy Amidon PROJECT NAME: Trustee Townhomes (lot 5) Extension of Vested Rights Project Address: 1000 N. 3rd. Street, Aspen, CO APPLICANT: The Trustee Townhomes at -the -Aspen Meadows Condo. Assoc., Inc. Address/Phone: 1000 N. 3rd. Street, Aspen, CO 81611 OWNER: same Address/Phone: REPRESENTATIVE: Rhonda Bazil Address/Phone: 323 West Main Street, Suite 301, Aspen, CO 81611, 925-7171, fax 925-9199 RESPONSIBLE PARTY: Applicant Other Name/Address: FEES DUE FEES RECEIVED PLANNING $450 PLANNING $450. # APPS RECEIVED 2 ENGINEER $0 ENGINEER $ # PLATS RECEIVED HOUSING $0 HOUSING $ GIS DISK RECEIVED: ENV HEALTH $0 ENV HEALTH $ CLERK $ CLERK $ TYPE OF APPLICATION TOTAL $450 TOTAL RCVD $450 Staff Approval RFFFRR AT R - ❑ City Attorney ❑ City Engineer (DRC) ❑ Zoning ❑ Housing ❑ Environmental Health ❑ Parks DATE REFERRED: APPROVAL: ❑ Aspen Fire Marshal ❑ City Water ❑ City Electric ❑ Clean Air Board ❑ Open Space Board ❑ Other: INITIALS: Ordinance/Resolution # Staff Approval Plat Recorded: CLOSED/FILED DATE: INITIALS: ROUTE TO: ❑ CDOT ❑ ACSD ❑ Holy Cross Electric ❑ Rocky Mtn Natural Gas ❑ Aspen School District ❑ Other: DATE DUE: Date: Date: Book Page F A SMITH AND COMPANY P.O. Box 965 ASPEN, CO. 81612 970-858- 1 2 1 3 FAX: 970-858- 1 2 1 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 UPC, 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 garner the necessary approvals. Sinc e , Fred mith MEMORANDUM TO: Mayor and Council THRU: Amy Margerum, City Manager THRU: Stan Clauson, Community Development Directo Julie Ann Woods, Deputy Planning Director 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 10/08/1997 07:58 97 31218 F A SrUTH CO PAGE 02 F A SMI M AND COMPANY P.O. Box 965 A3M-N, CO. 81451 F 97"sa I213 Fix: 970-85$-1 2 18 October 7, 1997 Amy.Gu ttrie Historic P'reuxvaticm Officer Aspen Planning Department 130 South Galena Street Aspen, CO. 8161 t Dear Amy;: % am writing on behalf of The Trustee Townhomes at -the -Aspen Meadows Condominium Association Inc. hank 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 fbr 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 garner the necessary approvals. 5' , Fred mith Exhibit A 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.m. 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 property is located at Lot 5, Aspen Meadows Specially Planned Unit. For further information, contact Amy Amidon, (970)920-5096 at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO. s/John Bennett, Mavor Aspen City Council Published in the Aspen Times on July 25, 1997 City of Aspen Account TO: THRU: THRU: FROM: RE: DATE: MEMORANDUM Mayor and Council Amy Margerum, City Manager vie RECEIVED i i 11 3 0 1997 Stan Clauson, Community Development Director ITKIN Julie Ann Woods, Deputy Planning Director ASPEN / VELO p y g COMMUNITY DEVELOPMENT Amy Amidon, Historic Preservation Officer Aspen Meadows Lot 5 Vested Rights Extension Request, First Reading of Ordinance" -Series of 1997 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 1 "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 #A4,-,5eries of 1997 A. Staff memo dated July 14, 1997 B. Applicant's extension request C. Ordinance #4, Series of 1997, meadowcc.doc ORDINANCE oZ (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 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 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 of 1995, 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. 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. 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. 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. 3td 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: Bell Mountain Partners Limited Partnership Unit 3: The Aspen Institute, Inc. Unit 4: Presley O. Reed Unit 5: Merrill M. Ford Unit 6: Esther B. Ferguson and James L. Ferguson Unit 7: Jan Jones Sarpa, Mary Sarpa, John Sarpa and Dr. J.R. Sarpa Unit 8: David T. McLaughlin Unit 9: 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. Bazil, 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 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 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 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 0. 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. PIT WA CERTIFIED TO: 5, 1997 @ 8:30 A.M. I 667 ._. 756 requirements for form and content above set forth. Any such substitution shall be subject to the prior approval of the City Attorney iii his determination. 3. Trail The Final Plat depicts a trail easement across the Physics Property from Gillespie 1 Street to the race track trail on Lot 1. Physics and the City agree that this trail I 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. I OT 4 - CONSERVATION LAND: Lot 4 is to be sold by Savanah to the City of Aspen for the purpose of open space. Lot 4 shall be zoned Wildlife Preservation (WP). It is the intention of this zone district that this Property remain open with a trail syste:c: and appropriate bridge connections to the Rio Grande Trail. Neither the Consortium nor any of its individual members thereof hall have any responsibility whatsoever for the construction, installation or main:cnance 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 to those alignments which minimize damage or disruption to existing vegetation and landscape and which + subordinate grade considerations and, thus, minimize switchbacks, to preservation of existing topography. JI I. Site Improvements ,> (a) Utilitiel. The Final Plat shows utility line easements as existing and proposed for electrical, gas, storm and sanitary sewer, and water. , L'. LOT 5 - THE TRUSTEE HOUSFS AT THE ASPEN hIEADOW�5: j Lot 5 is Savanah's Property and is zoned Rt IF 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 units. Each new unit will be 2,500 square feet of FAR with three bedrooms. Total build out on Lot 5 shall consist of eleven units with thirty- three bedrooms and 27,500 square feet of FAR, excluding carports (up to 500 square feet per dwelling unit). FARs and the definitions thereof for the existing and new trustee houses shall remain as set forth and defined in the, Aspen Land Use Regulations in effect as of June 10, 1991, notwithstanding and shall survive for not !ess than the three year 22 . �� .*` f,1`.'l ,7d=n>SDrt� :�.`Y.-,[.�. �._:!. .l� �. .. ril"�.•�. ♦r`•:�.'.yi.wyi_''�•'1�-!.T�^� ��.« 667 757 period next succec:!::,g ilir, ;tt, :y)A, any subsequently adepied reduction in or change to the definition or calculation of FARs. The three new residences ha'e 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 Requirements and Vari.tti4ns Therefrom The following dimensional requirements are for the RMF Zone District; variations in these requirements that have been granted for the development activity contem.p!s:cd Cor Lot 5 are noted: a) Minimum lot size (,q. ft.): 6000 b) Minimun: lot area per dwelling unit: i) 3 bedroom unit: 3,630 sq. ft. c) Minimum lot width: 60 feet d) Minimum front yard: i) Principal building: 10 feet ii) Accessory building: 15 feet (Note. A variation fr(,m minimum RNIF Zone District front yard setbacks for accessory buildings has t-_n granted by the City to zero feet fo: Lot 5.) e) Minimum side yard: 5 feet f) Minimum rear yard: i) Principal building: 10 feet ii) Accessory building: 15 feet g) Maximum height: 25 feet ((Vote. A dimensional height variation for the two northernmost trustee houses has been granted by the City for tip to eight feet.) h) Percent of open space rcyuircd for building site: 35% 23 t (Note. Minir,wm RAtF Zone District open space requirements have been waived by the City for Lot 5 in consideration of the open space otherwise provided in the SPA dewclopment plan.) i) External FAR (maximum): I:1 J) Internal ,-.*,R: no requirement k) off-street perking requirement: 1 space per bedroom 2. Condominiumization and Six Month Minimum Lease Re-gI&cnl rl Pursuant to findings made during the approval process and in accordance with Section 24-7-1007 of the Municipal Code, the City has granted and awarded condom iniumization approval for all eleven units contemplated for Lot 5. Condominiumization of the eight existing units is subject to payment of an affordable housing impact fee according to Section 24-7-1007A(I)(c). "rhe fee totals $64,240 and shall be paid at time of recordation of the condominium plat and declaration for the units on Lot 5. The six month minimum lease requirement for condominium units as contained at Section 24-7-1007 (A)(1)(b)(1)of the Municipal Code has been and hereby is waived as to all the condominium units on i.ot 5 as approved by this SPA plan. 3. Site im [gt &MMWI (a)Ujilitie . All telephone, electric and cable lines on the Property scrn icing the improvements Shall be undergrounded. All water and sanitary sewer lines shall be designed and constricted in accordance with standards of the City and of the ACSD and written easements will be provided if and as required confirming the as -built location of each casement. (b) Iond5caps Imp r v mcnts. Sawanah shall abide by and substantially conform to the tree removal and landscape plans recorded as part of the Plat in Book .A 'i; at Page ..i , et seq. of the Records. The landscape plans depict and describe the nature, extent and location of all plant materials in appropriate relation to scale, species and size of existing plant material, flower and shrub bed definition, a plant material schedule with common and botanical names, sizes and quantities, proposed treatment of all ground surfaces (e.g., paving, turf, gravel, terracing, etc.), decorative water features, retaining walls, fencing, benches, and all other agreed - upon landscape features. Such landscaping shall be completed in a logical sequence commensurate with the staging of improvements as contemplated in the Lot 5 Construction Schedule, but in no event later than one year 24 t0 667 7(, 759 after the date of issuance of the Certificate of nrrupancy for the final phase of improvements. It is the mutual understanding of the parties that Certificates of (kcupancy may in fact issue for improvements even though ti,e I,uulscaping improvements related thereto have not ;rt hcen complet- ed, so long as that portion of the financial guaranty provided for in this Agreement, which covers the estimated cost of such unfinished landscap- ing remains available to the City pursuant to the terms of this Agreement. All tree replacement shall be on a one-to-one caliper inch basis throughout the Project as a whole with mininturn size at 1 1/2' caliper. 'frail The Plat depicts all trails dedicated or conveyed to public use and all casements linking off -site trails to the I'roiect's trail system, including the trail easement between the tennis townhouses and restaurant. Written casements shall be executed and conveyed after trail construction confirming the as -built location of each easement. A portion of the trail Easement for the tail from Meadows Road to I.ot 4 cresses Lot 5, as depicted c•n the {'tat. Trail construction on this F:, :rent and any other appurtenant recreational facilities and amenities and I tndscaping is the sole reqponsibility of the City of ,Aspen. Neither Savanah nor the Consortium shall have any financial ;-nnsibility for any of this work or for the maintenance of any easements. inaneial Assur nc In order to secure the construction of the site and landscape improvements in Paragraphs 3(a) and (b) above and to guarantee 100O/o of the estimated cost of such improvements, Savanah shall guarantee by irrevocable bond, sight draft or letter of commitment or credit from a financially responsible lender that fends in the amount of such estimated costs, are held by it for the account Cif City for the construction and installation of the above -described impro\ri, _nts. As a condition for issuance of a building permit for a portion or all of the renovation and new construction anticipated herein, Sa,, anah and City shall agree on that portion of the work outlined in Paragraphs 3(1) and 3(b) above reasonably necessary to complete the «-,.-k for which a permit is being sought 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 right, upon and following default by Savanah, notice thereof 5y the City, and a forty day right thereafter to cure, to withdraw funds as necessary amd upon demand to partially or fully complete and/or pay for any of str: h improvements or pay any uncontested outstanding bills for .Lurk done thereon by any party, with any excess guaranty amount to be applied first to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvenarnts already 25 667 constructed before the unu ;ed remainder (if any) of such guaranty is released to Savanah. 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 Sacan,th of `7! -reed estimated cost for that portion of the improvements except that IU'o of ,i, actual cost of the site or landscape improvements shall be retained until all proposed site or I-indscape improvements are completed and approved by the Public Works Director. 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 forth. Any such substitution shall be subject to the prior apnroval of City Attorney in his determination. 6. Employes Housing Savanah and the City acknowledge that the renovation and expansion of tl:. tight trustee houses do not create any employee impact because the bedroom count in each unit remains at 3. Savanah .shall pay to 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 cj j , time the fee is to be paid. The fee shall be paid prior to the issuance of building permit for construction of any new residential unit on Lot s d s;iall be paid in proportion to the number of units sought to be permit!,.'LI. LOT 6 - THE TENNIS TOWNHONIFS AT THE ASPEN NIEAl7O\VS: Lot 6 is owned by Savanah and is zoned RMF according to and as shown on the Plat. Currently there is no residential developmett on Lot 6. Approved under this plan is development of seven townhome units of three bedrooms and 2,500 square feet of FAR each. Total build out on Lot 6 shall consist of seven units with 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 trustee houses shall remain as set forth and defined in the Aspen Land Use Regulations in effect as of Julie 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 FARs. The seven new townhomes have received an allotment tinder the City GhIQS and have received variations for height, open space and setbacks for accessory buildings, all as noted on the Plat and described herein. 26 The Trustee Townhomes at the Aspen Meadows Condominium Association, Inc. David T. McLaughlin President Merrill M. Ford Vice President John G. Sarpa .Secretary Preslev Reed Treasurer Mr. Stan Clausen Director of Community Development City of Aspen 130 S. Galena Street Aspen, Colorado 81611 June 10, 1997 1000 North Third Street Aspen, CO 81611 (970) 544-7900 Fax: (970) 925-4188 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. rk JUN-12-97 09:16 FROM=TH" ASPEN INSTITUTE ID=4106279182 PAGE 2/2 The Aspen Institute Cynthia r3. Bunkki Z=crwAoiss to dw PrmdatG D&=fa•,sgr� d God 2010 Csa� Raa,d Pa saz 2= Q eensunvm, MD 216M (410) 820,%n Fsx (410) 627-9182 Mr. Stan Clausen Director of Community Development City of aspen: 130 S. Gale= Street Aspen, Colorado 81611 ISM Ncw Han4nhi=Ave.. NAY Saito 1070 Waahix g . AC 20036 (202) 7365800 Pax (2021 467.0790 June 11,1997 s acatm Caner low North Ihitd screec Aapen, GO 81611 (970) 925-70I0 Fax (970) 925-4188 Re-_ Application of Tmstee Tow tomes at -the -Aspen Meadows Condominium: Association and The Aspen Institute, Inc. Dear Mr. Clausen: The Aspen Institate, Inc. authorizes the office of Rhonda J. Baal, P.C. to act on its behalf in pursuing an application for an extensiosl of the vested nights for Lot S, Aspen Meadows Subdivision_ Our represen=ve 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 comract Rhonda Baal if you need any additional information relating to this application. Sincerely, The Aspen Institute, Inc. By. 11 �� - N. B "ski 2-d =I330 rxj-1 1.33d, W1tJW 1S3M Wd9T :zT L6, TT WE 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 GNIQS 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 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: 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: 1. 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. Ordinance No. 26, Series of 1996 Page 3 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 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. 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. 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. Ordinance No. 26, Series of 1996 Page 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. A public hearing on the Ordinance shall be held on the loth 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. John Bennett, Mayor ATTEST: Kathryn S. Woch, City Clerk FINALLY, adopted, passed and approved this 10th day of February, 1997. �� cT,-� John Tennett, Mayor ATTEST: Kathryn S. ch, City Clerk —Rd-doc TO: Mayor and Council THRU: Amy Margerum, City Manager THRU: Stan Clauson, Community Development Julie Ann Woods, Deputy Planning Direc FROM: Amy Amidon, Historic Preservation Offi, 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 930 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 1"to1.5" 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 approve Ordinance 427, Series of 1997 on Second Reading." 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 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 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: 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 of 1995, 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. 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. 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. 3rd 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: Bell Mountain Partners Limited Partnership Unit 3: The Aspen Institute, Inc. Unit 4: Presley O. Reed Unit 5: Merrill M. Ford Unit 6: Esther B. Ferguson and James L. Ferguson Unit 7: Jan Jones Sarpa, Mary Sarpa, John Sarpa and Dr. J.R. Sarpa Unit 8: David T. McLaughlin Unit 9: 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. Bazil, 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 V1I. 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 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 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 P'itkin 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 0. 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 BY: CERTIFIED TO INC. 5, 1997 @ 8:30 A.M. D E. I 667 756 requirements for form and content above set forth. Any such substitution shall be subject to the prior approval of the City Attorney iii his determination. 3. Trail The Final Plat depicts a trail easement across the Physics Property from Gillespie Street to the race track trail on Lot I. 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. I.O'r 4 - CONSERVATION LAND: Lot 4 is to be sold by Savanah to the City of Aspen for the purpose of open space. Lot 4 shall be zoned Wildlife Preservation (WP). It is the intention of this zone district that this Property remain open with a trail systtfm and appropriate bridge connections to the Rio Grande Trail. Neither the Consortium nor any of its individual members thereof hall have any responsibility w•ha:5oever for the construction, installation or main:cnance 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 to those alignments which minimize damage or disruption to existing vegetation and landscape and which subordinate grade considerations and, thus, minimize switchbacks, to preservation of existing topography. 1. Site Improvements (a)Utilities. The Final Plat shows utility line easements as existing and proposed for electrical, gas, storm and sanitary sewer, and water. I OT 5 - THE TRUSTEE HOUSES AT THE. ASPEN NIEADOW5: Lot 5 is Savanah's Property and is zoned Rt IF 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 units. Each new unit will be 2,500 square feet of FAR with three bedrooms. Total build -out on Lot 5 shall consist of eleven units with thirty- three bedrooms and 27,500 square feet of FAR, excluding carports (up to 500 square feet Per dwelling unit). FARs and the definitions thereof for the existing and new trustee houses shall remain 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 22 u t- i• 667 757 period next suecee;!::,g rur,�� ;();yA, any ,ubsequently adapted 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 requirements are for the Rb9F Zone District; variations in these requirements that have been granted for the development activity contem.r!atcd f-r Lot 5 are noted: a) Alinimum lot size (;q. ft.): 6,000 b) Minimum lot area per dwelling unit: i) 3 bedroom unit: 3,630 sq. ft. c) Minimum lot width: 60 feet d) Minimum front yard: i) Princip:il building: 10 feet ii) Accessory hUilding: 15 feet (Note. A variation from minimum Rh1F Zone District front yard setbacks for accessory buildings has L ren granted by the City to zero feet fo: Lot 5.) e) Minimum side yard: 5 feet f) Minimum rear yard: i) Principal building: 10 feet ii) Accessory building: 15 feet g) Maximum height: 25 feet (Note. A dimensional height variation for the two northernmost trustee houses has been granted by the City for tip to eight feet.) h) Percent of open space rcilUlied for ;wilding site: 35% 23 (Note. Atininium RNIF -Lone District open space requi._...ents have been waived by the City for Lot 5 in consideration of the open space otherwise provided in the SPA dccclopment plan.) i) External FAR (maximum): 1 l JI Internal , .',R: no requirement k) off-street perking requirement: l space per bedroom 2. Condorniniumi7alion and Six Month Minimum Lease Requir E&14 Pursuant to findings made during the approval process and in accordance with Section 24-7-1007 of the Municipal Code, the City has granted and awarded condominiumization approval for all eleven units contemplated for Lot 5. Condominiumization of the eight existing units is subject to payment of an affordable housing impact fee according to Section 24-7-1007A(I)(c). The fee totals $64,240 and shall be paid at time of recordation of the condominium plat and declaration for the units on Lot 5. The six month minimum lease requirement for condominium units as contained at Section 24-7-1007 (A)(1)(b)(1)Of the Municipal Code has been and hereby is waived as to all the condominium units on Lot 5 as approved by this SPA plan. i.!Lite Im rQ QIcmcnts (a) ili ice. All telephone, electric and cable lines on the Property scricing the improvements 01all be undergrounded. All water and sanitary sewer lines shall be designed and constructed in accordance with standards of tlue City and of the ACSD and written casements will be provided if and as required confirming the as -built location of each easement. (b) tan I cam Imur y me Savanah shall abide by and substantially conform to the tree removal and landscape plans recorded as part of the Plat in Book .`13 at ['age 5, et seq. of the Records. 'I he I:urdscape plans depict and describe the nature, extent and location of all plant materials in appropriate relation to scale, species and size of existing plant matr.rial, flower and shrub bed definition, a plant material schedule with common and botanical names, sires and quantities, proposed treatment of all ground surfaces (e.g., paving, turf, gravel, terracing, etc.), decorative v;ater features, retaining walls, fencing, benches, and all other agreed - upon landscape features. Such landscaping shall be completed in a logical sequence commensurate with the staging of improvements as contemplated in the Lot 5 Construction Schedule, but in no event later than one year 24 Mi t t11 667 7r, 759 after the date of issuance of the Certificate of nrcupancy for the final phase of improvements. It is the mutual understanding of the parties that Certificates of Occupancy may in fact issue for improvements even though the Ltnd-�caping improvements related thereto have not -,,l hcen complet- ed, so long as that portion of the financial guaranty provided for in this Agreement, which covers the estimated cost of such unfinished landscap- ing remains available to the City pursuant to the terms of this Agreement. All tree replacement shall be on a one-to-one caliper inch basis throughout the Project as a whole with minimum size at 1 1/2" caliper. -frail The Plat depicts all trails dedicated or conveyed to public use and all easements linking off -site trails to the Proicct's trail system, including the trail casement between the tennis tuwnhouses and restaurant. Written casements shall be executed and conveyed after trail construction confirming the as -built location of each casement. A portion of the trail Easement for the tail from Meadows Road to Lot 4 cresses Lot 5, as depicted on the flat. Trail construction on this f: :r-,cnt and any other appurtenant recreational facilities and amenities and I tndscaping is the sole rcq.K)nsibility of the City of A,pcn. Neither Savanah nor the Consortium shall have :iny financial i onsibility for any of Ibis work or for the maintenance of any casements. Financial Assurances In order to secure the construction of the site and landscape improvements in Paragraphs 3(a) and (b) above and to guarantee 100% of the estimated cost of such improvements, Savanah shall guarantee by irrevocable bond, sight draft or letter of comtnitinent or credit from a financially responsiblc lender that fends in the amount of such estimated costs, are held by it for the account of City for the construction and installation of the above -described impro\cn _nts. As a condition for issuance of a building permit lot a portion or all of the renovation and new construction anticipated herein, Sa', anah and City shall agree on that portion of the work outlined in Paragraphs 3(1) and 3(b) above reasonably necessary to complete the «-,-k for which a permit is being sought 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 right, upon and following default by Savanah, notice thereof by the City, and a forty day right thereafter to cure, to withdraw funds as necessary and upon demand to partially or fully complete and/or pay for any of surh improvements or pay any uncontested outstanding bills for :,.ork done thereon by any party, with any excess guaranty amount to be applied first to additional administrative or Icgal costs ns"(kiated with any such default and the repair of any deterioration in impro%cinews already 25 F67 F r constructed before the unused remainder (if any) of such guaranty is released to Savanah. 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 Sa�anali of •!•c -,,reed estimated cost for that portion of the improvements except that 1010 of actual cost of the site or landscape improvements shall be retained until all proposed site or I:tndscape improvements are completed and approved by the Public Works Director. 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 forth. Any such substitution shall be subject to the prior apnroval of City Attorney in his determination. 6. Employee HousinY Savanah and the City acknowledge that the renovation and expansion of tl:. tight trustee houses do not create any employee impact because the bedroom count in each unit remains at 3. Savanah shall pay to 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 cjf... ; it time the fee is to be paid. The fee shall be paid prior to the issuance of tl-t-- building permit for construction of any new residential unit on Lot � - d s;iall be paid in proportion to the number of units sought to be permits:d. LOT 6 - THE TENNIS TOWNHOAIFS AT THE ASPEN h1EADO\VS: Lot 6 is owned by Savanah and is zoned RMF according to and as shown on the Plat. Currently there is no residential development on Lot 6. Approved under this plan is development of seven townhome units of three bedrooms and 2,500 square feet of FAR each. Total build out on Lot 6 shall consist of seven units will, 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 trustee houses shall remain as set forth and defined in the Aspen Land Use Regulations in effect as of Jutte 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 FARs. The seven new townhomes have received an allotment tinder the City GRIQS and have received variations for height, open space and setbacks for accessory buildings, all as noted on the Plat and described herein. 26 The Trustee Townhomes at the Aspen Meadows Condominium Association, Inc. David T. McLaughlin President Merrill M. Ford Vice President John G. Sarpa Secretary Presley Reed Treasurer Mr. Stan Clausen Director of Community Development City of Aspen 130 S. Galena Street Aspen, Colorado 81611 June 10, 1997 1000 North Third Street Aspen, CO 81611 (970) 544-7900 Fax: (970) 925-1188 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. F. JUN-12-97 09:16 FROM=THE ASPEN INSTITUTE ID=410e279162 PAGE 2/2 The 4 Aspen Institute Cynthia K. Suniski Z,=,aweuiaa7u to LA,-Phmdcw Db=far S—We' 2010 Oaavrlod Bond ro BOX = Queenumv , MD 21885 (410) 8245429 F,m (410) M-9182 Mr. Stan Clausen Director of Community Development City of Aspen 130 S. Galeaa. Street Aspen, Colorado 81611 H-A?ar q- 1353 New Hampshire Ave.. NW Suite 1070 wasningt , DC 20036 (202) 736-WO PAx (202) 467-0-M .Tune 11,1997 SCMVZ= C-07W 1000 North Tbird Sareet Aspen, Go 81611 (970) 925-7010 Fax (970) 9254188 Re: Application of Trustee Townhomes at -the -Aspen Meadows Condominium Association and The Aspen Institute, Luc - Dear Mr. Clausen: The Aspen Institute, Inc. authorizes the office of Rhonda J. Baal, P.C. to act oa its behalf in pursuing an application for an extension of the vested rights for Lot 5, Aspen Meadows Subdivision. Diir representative may be contacted at the following address and telephone number. Rhonda J. Bazil, Esq. Rhonda J. Basil, P.C. 323 W. Main St, Suitc 301 Aspen, Colorado 81611 (970) 925-7171 - Please contact Rhonda. Bazil if you need any additional infonnation relating to this application. Sincerely, sy: n ✓ r% CyAiia N. B ki s Z-d 933IJ30 VR:F1 133d' WRPA iMM Wd9T :ZT L6, TT Wnf 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. finding 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: 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: 1. 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. 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 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. 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. Ordinance No. 26, Series of 1996 Page 4 This Ordinance shall not affect any emsting 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. 61NITITCY-19 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. Johh Bennett, Mayor ATTEST: Kathryn S. Foch, City Clerk FINALLY, adopted, passed and approved this 10th day of February, 1997. John jiennett, Mayor ATTEST: Kathryn S. ch, City Clerk „ W , W'b. PUBLIC NOTICE RE: ASPEN MEADOWS EXTENSION OF VESTED RIGHTS -Lot IA NOTICE IS HEREBY GIVEN that a public ` hearing will be held on Monday, August It. 1997 at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, - City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Aspen approved for this lot. The property is located at Lot 5, Aspen Meadows Specially Planned Unit. For further information, contact Amy Amidon, fi (970) 920-5096 at the Aspen/Pitkin Community ' Development Department, 130 S. Galena St.,�f Aspen, CO. s/John Bennett, Mayor Aspen City Council Published in the Aspen Times on July 26. 1997. Institute, Inc., requesting a three year extension vested rights and a six month extension in L PUBLIC NOTICE RE: DELISE EXTENSION OF ' t the expiration of the growth management VESTED RIGHTS w exemption approved by the City on Lot IA. The CAS,i-LECREE ( fn property is located at Lot IA, Aspen Meadows NOTICE IS HEREBY GIVEN that a public Specially Planned Area. For further information, hearing will be held on Wednesday, August 27, contact Amy Amidon, (970) 920-5096 at the 1997 at a regular meeting to begin at 3:00 PM Aspen/Pitkin Community Development before the Board of County Commissioners, Department. 130 S. Galena St., Aspen, CO. Plaza One Conference Room, 530 E. Main St., s/John Bennett, Mayor Aspen to consider an application submitted by _ Aspen City Council Don Delise requesting an Extension of Vested Published in The Aspen Times on July 26, 1997. Rights for a 1041 Environmental Hazard Review approval granted by BOCC Resolution 94-218. r PUBLIC NOTICE RE: POMEGRANATE REZONING LThe property is located on the east side of the Castle Creek Valley approximately 4 miles from FROM P (PARK) TO RMF (RESIDENTIAL MULTI -FAMILY) � the Prince of Peace Church and 500 feet NOTICE IS HEREBY GIVEN that a publics northeast of Castle Creek Road, and is described - hearing will be held on Monday, August 11, `as The Philadelphia Mlllsite. USMS 7570B. The 1997 at a meeting to begin at 5:00 p.m. before r Wiiton Belle Mining Claim, USMS 2127 and The the Aspen City Council, City Council Chambers, Mary Mining Claim, USMS 7570A a0 situate, lying Highland City Hall, 130 S. Galena St., Aspen, to consider 1 and being in the Mining District, N an application 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 information requesting Rezoning from P (Park) to RMF contact Lance Clarke at the Aspen/Pitkin for public inspection during regular busines hours in the Office of the and Recorder 530 East Main Street, Aspen, Colorado 81611. Phone (970) 920.5180. 1 n Jeanette Jones, Deputy County Clerltl 11 s/Bill Tuite, Chairl Board of County Commissioners iNJ Published in The Aspen Times on July 26. 1997. PUBLIC NOTICE PLEASE TAKE NOTICE: That the Board of County Commissioners of Pitkin County, Colorado, at a special meeting on July 16, 1997, and after a duly -noticed public hearing, adopted the following Ordinance: ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ADOPTING HISTORIC PRE- SERVATION GUIDELINES FOR REDSTONE AND HISTORIC RESOURCES OF THE CRYSTAL RIVER VALLEY Ordinance No.97 Notice of public hearing published in The Aspen Times on the 14th day of June, 1997. Copies of the full text of the Ordinance are available for public inspection during regular office hours in the office of the Clerk and Recorder. 530 E. Main St., Aspen, Colorado 81611. Phone: (970) 920-5180. Jeanette Jones, Deputy County Clerk Published in The Aspen Times on July 26. 1997. s/Bill Tuite. Board of County Commissi,. Published in The Aspen'fimes on July 26. NOTICE OF PUBLIC HEARING BEFORE - PITKIN COUNTY BOARD OF ADJUSTMENT ALL PROPERTY OWNERS AFFECTED BY REQUESTED ZONING VARIANCE DESCRIBED BELOW: Pursuant to Pitkin County Zoning Resolu; of June S. 1955. as amended, a Public Hear will be held to consider an application i with the said Board of Adjustment reques, authority for variance from the provision the County zoning Resolution. All persons affected by the prop,, variance are invited to appear and state views, protests, or objections. If you can; appear personally at such meeting, then are urged to state your views by left particularly if you have objection to su variance, as the Board of Adjustment will serious consideration to the opinions surrounding property owners and oth, affected in deciding whether to grant or ie the request for variance. A VARIAN GREATER THAN OR LESS THAN TH. REQUESTED COULD BE GRANTED. DATE AND TIME OF MEETING: Tuesday. August 5, 1997; 5:I5 P.M. LOCATION OF MEETING: Pitkin County Library Meeting Room, 120 North Mill, Aspen, CO (Residential Multi -Family) to allow for v Community Development Department (970) 920- PUBLIC NOTICE 1 KAPPELI, WERNER: Requesting approval if, construction of garages. The property is 5452. Copies of the proposed Resolution are RE: COUGAR CANYON SUBDIVISION 27' Front Yard Setback Variance, where 50 described as a 1.92 acre tract of land situated In available for public inspection during regular DETAILED SUBMISSION/FINAL PLAT ANDI, required for a 3.131 acre lot in the AFR-10 z,. Lot 4 of Section 1 I, Township 10 South, Range business hours in the Office of the Clerk and REZONING district, for the construction of a detach 85 West of the 6th P.M., City of Aspen, Pitkin Recorder, 530 East Main Street, Aspen, Colorado NOTICE IS HEREBY GIVEN that a public garage. Property Location: 976 Medicine &; County, Colorado, generally described as the 81611. Phone (970) 920-5180. hearing will be held on Wednesday, august 27, Road, Lot 1, Block 4, Brush Creek. land between the Pomegranate Condominiums Jeanette Jones, Deputy County Clerk 1997 at a regular meeting to begin at 3:00 PM� PITKIN COUNTY AIRPORT: Requestin and Highway 82, For further information, s/Bill Tuite, Chair before the Board of County Commissioners, approval for a 2' Height Variance, where 6' contact Chris Bendon at the Aspen/Pitkin Board of County Commissioners Plaza One Conference Room, 530 E. Main St., allowed in the PUB zone district, to construct Community Development Department, 130 S. Published in The Aspen Times on July 26. 1997. Aspen to consider an application submitted by security fence within the 200' arterial highw,t Galena St., Aspen, CO (970) 920-5072. Cozy Point Partners, L LC requesting combined I setback. s/John Bennett, Mayor PUBLIC :NOTICE Detailed Submission and Final Plat approval to( Published in The Aspen Times on July 26.1997 Aspen City Council RE: HOLY CROSS ELECTRIC SPECIAL REVIEW subdivide approximately 954 acres into five lots I n� 'U Published in The Aspen Times on July 26, 1997, NOTICE IS HEREBY GIVEN that a public hearing of 160. acres each and is also requesting to+ {� NOTICE OF PUBLIC HEARING TO ADJACENT will he held on Wednesday. August 27. 1997 at a rezone the property from AFR-10 to RS-160. The \ PROPERTY OWNERS BEFORE THE PITKIN PUBLIC NOTICE regular meeting to begin at 3:00 PM before the property is located west of Highway 82, north COUNTY BOARD OF ADJUSTMENT RE: ASPEN MEADOWS EXTENSION OF VESTED Board of County Commissioners. Plaza One of Brush Creek Road and above Cozy Point TO ALL PROPERTY OWNERS AFFECTED B' RIGHTS - LOTS Conference Room. 530 E. Main St., Aspen to Ranch, and is described as a parcel of land mlQ�THE REQUESTED ZONING OR USE VARIANC: NOTICE IS HEREBY GIVEN that a public hearing be held Monday, August consider an application submitted by Holy Cross Electric Association Special Sections 16, 17, 29 and 21, Township 9 South,. Range 85 West. For t�, DESCRIBED BELOW: Pursuant to Pitkin Coun; will on 11. 1997 at a meeting to begin at 5:00 p.m. before requesting Review approval !or an expansion to the further information contact Suzanne Wolff at the Aspen/Pitkin Community 1 J Resolution of June 5, 1995. as amended. \Public Hearing will be held to consider ai I the Aspen City Council, City Council Chambers, existing radio repeater facility in AFSki area on Development Department (970) 920-5093 -application filed with the said Board � City Hall, 130 S. Galena St., Aspen, to consider Aspen Mountain. The property is located at on q Copies of the proposed Resolution and `Adjustment requesting authority for variant an application submitted by the Aspen Aspen Mountain, at the top of Buckhorn ski, Ordinance are available for public inspection: ,from the provisions of the County Zonin Institute, Inc. & The Trustee Townhomes At- run. For further information contact Lancer during regular business hours in the Office oq Resolution. - The -Aspen Meadows Condominium Association Clarke at the Aspen/Pitkin Community+ the Clerk and Recorder, 530 East Main Street. All persons affected by the propose, requesting a six month extension of the vested Development Department (970) 920-5452.1 Aspen. Colorado 81611. Phone (970) 920-5180. j variance are invited to appear and state their ej&hts granted by the City for the project Copies of the proposed Resolution are available Jeanette Jones, Deputy County Clerk views, protests, or objections. If you canna; 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" 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: Bell Mountain Partners Limited Partnership Unit 3: The Aspen Institute, Inc. Unit 4: Presley O. Reed Unit 5: Merrill M. Ford Unit 6: Esther B. Ferguson and James L. Ferguson Unit 7: Jan Jones Sarpa, Mary Sarpa, John Sarpa and Dr. J.R. Sarpa Unit 8: David T. McLaughlin Unit 9: 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. 11. Applicants Representative: Rhonda J. Bazil, 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 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 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 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 rd CERTIFICATE OF OWNERSHlr 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 0. 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. PITKIII COUNTY,TTT&E, INC. BY: VVA4uv - authori si nature CERTIFIED TO:(*y 5, 1997 @ 8:30 A.M. D i 667 756 requirements for form and content above set forth. Any such substitution shall be subject to the prior approval of the City Attorney in his determination. 1. Trails 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 casement is not to be paved. Physics is granting this casement but has no Financial obligation of any kind for the trail or any related work. I.o 4 CnySl_RVAI'1ON LAND: Lot 4 is to be sold by Savanah to the City of Aspen for the purpose of open space. Lot 4 sh.ill be zoned Wildlife Preservation (WP). it is the intention of this zone district that this Property remain oper, with a trail system and appropriate bridge connections to the Rio Grande "frail. Neither the Consortium nor any of its individual members thereof hall have any responsibility wha:soever for the construction, installation or maintenance 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 to those alignments which minimize damage or disruption to existing vegetation and landscape and which subordinate grade considerations and, thus, minimize switchbacks, to preseration of existing topography. I. Site ImprovernM5 (a) U)lili ic;. The Final Plat shows utility line casements as existing and proposed for electrical, gas, storm and sanitary sewer, and water. I O"I 5 - TIIE T_R s,rl: i tl- i5 nT TI11_AS'UF N K[EA.11MYS: Lot 5 is Savanah's Property and is zoned RI1F 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. Fn 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 three bedrooms. Total build out on Lot 5 shall consist of eleven units with thirty- three bedrooms and 27,500 square feet of FAR, excluding carports (up to 500 square feet Per dwelling unit). FARs and the definitions thereof for the existing and new trustee houses shall remain 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 22 n (Note. Nlinir,rum RMF Zone District open space requi_ eats have been waived by the City for Lot 5 in consideration of the open space otherwise provided in the SPA dcwclopmcnt plan.) i) External FAR (maximum): l:1 11 Internal , .',R: no requirement k) Off-street pzrking requirement: I space per bedroom Con do 2. Q_n minitrmizati_n Mo nth onh M tinimun l.casrRegltirem�Itl Pursuant findings made during the approval process and in accordance with Section 24-7-1007 of the Municipal Code, the City has granted and awarded condominiumization approval for all eleven units contemplated I -or Lot 5. Condominiumization of the eight existing units is subject to payment of an affordable housing impact fee according to Section 24-7-1007A(l)(c). The fee totals $64,240 and shall be paid at time of recordation of the condominium plat and declaration for the units on Lot 5. The six month minimum lease requirement for condominium units as contained at Section 24-7-1007 (A)(1)(b)(1) of the Municipal Code has been and hereby is waived as to all the condominium units on I.ot 5 as approved by this SPA plan. 3. site lni roQ ye nc_QM (a) - ilitipU. All telephone, electric and cable lines on the Property scrs icing the improvements shall be undergrounded. All water and sanitary sewer lines shall be designed and constructed in accordance with standards of the City and of the ACSD and written casements will be provided if and as required confirming the as -built location of each easement. (b) pa I1capq Irnpm-e-1»c Savanah shall abide by and substantially conform to the tree removal and landscape plans recorded as part of the Plat in Book .17 at Page !�- , el seq. of the Records. "fhe landscape plans depict and describe the nature, extent and location of all plant materials in appropriate relation to scale, species and size of existing plant matciial, flower and shrub bed definition, a plant material schedule with common and botanical names, sizes and quantities, proposed trcalmcnt of all ground surfaces (e.g., paving, turf, gravel, terracing, erc.), decorative water features, retaining walls, fencing, benches, and all other agreed - upon landscape features. Such landscaping shall be completed in a logical sequence commensurate with the staging of improvements as contemplated in the Lot 5 Construction Schedule, but in no event later than one year 24 t r try 667 :"'r, 759 after the date of issuance of the Certificate of Occupancy for the final phase of improvements. It is the mutual understanding of the parties that Certificates of (kcupancy may in fact issue for improvements even though the I.tndscaping improvements related thereto have nu! }rt been complet- ed, so long as that portion of the financial guaranty provided for in this Agreement, which covers the estimated cost of .such unfinished landscap- ing remains available to the City pursuant to the terms of this Agreement. All trco replacement shall be on a one-to-one caliper inch basis throughout th^ Project as a whole with minimum size at 1 1/2" caliper. "frail The Plat depicts all trails dedicated or conveyed to public use and all easements linking off -site trails to the Pmj^ct's trail system, including the trail casement between the tennis tuwnhouscs and restaurant. Written casements shall be executed and conveyed after trail construction confirming the as -built location of each casement. A portion of the trail Easement for the tail from Afcadows Road to Lot 4 crosses Lot 5, as depicted c•n the flat. Trail construction on this F:, cr,ent and any other appurtenant recreational facilities and amenities and I rndscaping is the sole responsibility of the City of A1:pen. Neither Savanah nor the Consortium shall have any financial : -onsibility for any of this work or for the maintenance of any easements. Financial Assuranc In order to secure the construction of the site and landscape improvements in Paragraphs 3(a) and (b) above and to guarantee I00% of the estimated cost of such improvements, Savanah shall guarantee by irrevocable bond, sight draft or letter of commitment or credit from a financially responsible lender that fends in the antount of such estimated costs, are held by it for the account ()l City for the construction and installation of the above -described improvci,'t;lts. As a condition for issuance of a building permit for a portion or all of the renovation and new construction anticipated herein, Sa%anah and City shall agree on that portion of the work outlined in Paragraphs 3(1) and 3(b) above reasonably necessary to complete the «.,:k for which a permit is being sought 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 right, upon and following default by Savanah, notice thereof 5y the City, and a forty day right thereafter to cure, to withdraw funds as necessary ;tnd upon demand to partially or fully complete and/or pay for any of st h immovements or pay any uncontested outstanding bills for «ork done thereon by any party, with any excess guaranty annount to be applied first to additional administrative or legal costs as"r'Ciated with any such default and the repair of any deterioration in improvements already 25 i P! 667 "_'r , 759 after the date of issuance of the Certificate of rhrupancy for the final phase of improvements. It is the mutual understanding of the parties that Certificates of Occupancy may in fact issue for improvements even though ti,e landscaping improvements related thereto have no! .rt been complet- ed, so long as that portion of the financial guaranty prop idcd for in this Agreement, which covers the estimated cost of such unfinished landscap- ing remains available to the City pursuant to the terns of this Agreement. All tree replacement shall be on a one to -one caliper inch basis throughout the Project as a whole with minimum size at 1 I/2" caliper. ,frail The Plat depicts all trails dedicated or conveyed to public use and all casements linking off -site trails to the I'roico's trail system, including the trail easement between the tennis townhouses and restaurant. Written casements shall be executed and conveyed after trail construction confirming the as -built location of each casement. A portion of the trail Easement for the tail from Ktcadows Road to I.ot 4 crosses Lot 5, as depicted c•n the flat. Trail construction on this F:� ;r,ent and any other appurtenant recreational facilities and amenities and I rndscaping is the sole re-ponsibility of the City of A1,pcn. Neither Savanah nor the Consortium shall have any financial i•nnsibility for any of this work or for the maintenance of any casements. 5. Fin.-neia A surances In order to secure the construction of the site and landscape improvements in Paragraphs 3(a) and (b) above and to guarantee 100% of the estimated cost of such improvements, Savanah shall guarantee by irrevocable bond, sight draft or letter of commitment or credit from a financially responsible lender that fends in the amount of such estimated costs, are held by it for the account r11' City for the construction and installation of the above -described improvcn ,_nts. As a condition for issuance of a building permit for a portion or all of the renovation and new construction anticipated herein, Sa,.anah and City shall agree on that portion of the work outlined in Paragraphs 3(1) and 3(b) above reasonably necessary to complete the «,,'k for which a permit is being sought 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 right, upon and following default by Savanah, notice thereof by the City, and a forty day right thereafter to cure, to withdraw funds as necessary ;md upon demand to partially or fully complete and/or pay for any of sw h improvements or pay any uncontested outstanding bills for %%ork done therL:on by any party, with any excess guaranty amount to be applied first to additional administrative or Icgal costs asmxiated with any such default and the repair of any deterioration in improvements already 25 constructed before the unused remainder (if any) of such guaranty is released to Savanah. 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 Say ankh of `c , ;reed estimated cost for that portion of the improvements except that 10"i; of ;i,.: actual cost of the site or landscape improvements shall be retained until all proposed site or landscape improvements are completed and approved by the Public Works Director. 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 forth. Any such substitution shall be subject to the prior apnroval of City Attorney in his determination. 6. Enpl_gyge FI using Savanah and the City acknowledge that the renovation and expansion of if . ;fight trustee houses do not create any employee impact because the bedroom count in each unit remains at 3. Savanah shall pay to 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 cff^-.t it 5; time the fee is to be paid. The fee shall be paid prior to the issuance of th- building permit for construction of any new residential unit on Lot d shall be paid in proportion to the number of units sought to be permircd. Mr- - TIIF TENNIS TOWNIIUMF;S AT TIIE A PE hIEAI)D_�V5: rr Lot 6 is owned by Savanah and is zoned RMF according to and as shown on the Plat. Currently there is no residential developrncrrt on Lot 6. Approved under this plan is development of seven townhome units of three bedrooms and 2,500 square feet of FAR each. Total build out on Lot 6 shall consist of seven units with 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 trustee houses shall remain 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 11 June 19, 1991, any subsequently adopted reduction in or change to the definition or calculation of FARs. The seven new townhontes have received an allotment under the City GAIQS and have received variations for height, open space and setbacks for � accessory buildings, all as noted on the Plat and described herein. 1. 26 The Trustee Townhonnes at the Aspen Meadows Cmidoininium Association, Inc. Dasid T. McLaughlin hmidrnl Morin M. Ford Vice President ,iohn G. salpa Srrre6aty Presley Reed ,•rr„,5111.e, Mr. Stan Clausen Director of Community Development City of Aspen 130 S. Galena Street Aspen, Colorado 81611 June 10, 1997 1000 North Third Street Aspcn, CO 81611 (970) 544-7900 Fax: (970) 925-4188 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 8hl)Ilcati011. Sincerely, TRUSTEE TOWNHOMES AT -THE -ASPEN MEADOWS CONDOMINIUM ASSOCIATION, INC. The 11 Aspen Institute Cynthia N. Buniaki Emcuaae Assisi¢ tt to Lite Pnmdent; Dimf,, A&mmmouime Sov-1 Adrnhi1&=hz1E Gmar 2010 C rmirb-1 Road Po Box 222 Queensum . MD 2I658 (410) 820-%29 Fac (410) M-9182 Mr. Stan Clausen Director of Community Development City of Aspen 130 S. Galena Street Aspen, Colorado 81611 1933 New Hwripshire Ave.. NW Suite 1070 Washington, DC 20036 (202) 736,5800 Fax (202) 467-0790 June 11,1997 Semmar Caaer 1000 North Third Sweet Aspen, GO 81611 (970) 9257010 Fax (970) 9254188 Re: Application of T stee Townhomes at -the, -Aspen Meadows Condominium Association and The Aspen Institute, Inc. Dear Mr. Clausen: The Aspen Institute, Inc. authorizes the office of Rhonda J. Baal, 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 eon= Rhonda Baal if you need any additional information relaxing to this application. Sincerely, -The Aspen Institute, Inc. Bya/I—&YN!�� . N. B 'ski 2-d =I9.40 MT1 133dIS WT W IMM Wd9T:2T 1-6. TT WE JUN-05-1997 10:10 FROM ASPEN/PITKIN COM DEU TO 9-9259199 P.03 COMAUN= DEVELOPMENT DU i + Trustee Townhomes t-the-Aspen OF r�SP (hereinafter CITY) and Meadows Condominiu Association, Inc. (hml iaafter APPLICANT) AGREE AS FOLLOWS: 1. A.PPLIC.-ANT has submitted to CITY an application insubstantial amendment of SPA approval (he: eina- er, THE PROJECT). '- APPLICANT understands and ag=e.s that C,ty of Aspen Ordinance No. 43 (Sires of 1996) establishes a fee strsc:ure for Planning the payment of all oc�ssin g Zplicazions and P;' 4 g fees �s a condition precedett toa �rinination of 3DPlication com le:eness. �. APPLIC .N7 and CITY a�ee that because of the size. nature or scope of the proposed project, iz is not possible ar this time to as:- - the full e.ent of the costs involved- in processing the application. AP LICAiv? anal CIiY zurther agree that it is in the interest of the parties that=3PDLICAAf'I' make payment of an snitial deposit and to thereafter pe =,r additional coks to be billed to APPLICAN-T on a monthly basis. APPLICAv'T agrees he will a benefited by retaining greazer cash licuidir- and will make ' norificarion by the CITY when rhev additional p�ymenu upon are aec%essary as costs are incurred. CITY agrees it will be benefited through the greater ce:tainty of recovv to process APPLICA_N'T's application. � its foil costs 4. CITY and APPLICAN7 further azr,.e that it is impracticable for CITY staff to complete processing or present suf$cient information to the Planning Commission and/or City Council to enable the planning Commission and/or City Council to make legally required findings for current billings are paid iu full prior to decision. °sect approval, unless JUN-05-1997 10:11 FROM ASPEN/PITKIN COM DEU TO 9-9259199 P.04 I ` that in cansideratiba of the CTTY's �. Therefore, APPLICANT agrees n of application waiver of its rig'at to collect foil fees pnor to a detera�inaaouat of S 450.0Q ApPI,ICANr shall Pap amt�al deposit in the I orb costs completeness, 3 horns of Planning staff time, and if actual rep to whics is for APPLICANT shall pay additional raot�Y billings exceed the initial �- , for the. prone= of the a P#r.=an. mentioned CITY to reimburse Lhe �Pz° review- Such periodic payzaea� shall bemade above, i 0 dlys o P� APPLICANT &ther that fair Pay within 30 clays of the billing �. such ac;-� costs shall be g'Ounds for suspension of - i I C rY OF ASPUN By: • Stan iauson Communiit9 Development Director Lr.�Snpportlforms d0C 'J16197 APPLICANT TRUSTEE TOWNH ME AT -THE -ASPEN MEADOWS CONDO INIUM ASSOCIATION, INC. Jo Sarpa , .. S n, � / ,+ I, tary Mailing Address: 1000 North T�ird Street Aspen, Colorlado 816 TOTAL P.04 RHONDA J. BAZIL, P.C. ATTORNEYS AT LAW 323 WEST MAIN STREET, SUITE 301 ASPEN, COLORADO 81611 TELEPHONE: (970) 925-7171 June 16, 1997 Mr. Stan Clausen Director of Community Development City of Aspen 130 S. Galena Street Aspen, Colorado 81611 FACSIMILE: (970) 925-9199 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. LI-A rjb/hs enc. cc w/enc.: Mr. Don Schuster