HomeMy WebLinkAboutcoa.lu.gm.720 E Cooper Ave.A8-97
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PUBLIC NOTICE
RE: BELL MOUNTAIN LODGE EXTENSION OF VESTED RIGHTS
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, April 28, 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 Bell Mountain Limited Liability
Company, requesting an extension of their 1993 Lodge GMQS allocation and vested rights status,
The property is located at 720 E, Cooper. For further information, contact Amy Amidon at the
AspenlPitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-
5096,
stJohn Bennett. MlQ'or
Aspen City Council
Published in the Aspen Times on April 12, 1997
City of Aspen Account
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MEMORANDUM
ViS
TO:
Mayor and Council
FROM:
Amy Margerum, City Manager /L
Stan Clauson, Community Development Directo~
Julie Ann Woods, Deputy Planning Director ~~U1.
Amy Amidon, Historic Preservation OffiC~
THRU:
THRU:
DATE:
March 24, 1997
RE:
Bell Mountain Lodge Extension of GMQS Allocations and Vested Rights
Parcel I.D, No, 2737-182-27-003
First Reading of Ordinance 1t. Series of 1997
SUMMARY: Bell Mountain Limited Liability Company (the applicant) is requesting
another six (6) month extension of their 1993 Lodge GMQS allocation and vested rights
status pursuant to Section 26.100.100, Approval of the applicant's request would extend
the Bell Mountain Lodge GMQS allocations and vested rights from February 22,1998 to
August 22, 1998, The applicant also requests that Council waive the land use application
fee in consideration of their continued willingness to cooperate with the City in studying
Independence Place, a potential public/private development project.
The staff report is submitted as Exhibit A. Attached are the GMQS allotment and vested
rights application as Exhibit B, and the proposed Ordinance IJ.-, Series of 1997.
Community Development staff recommend the six (6) month extension of the GMQS
allocation and vested rights status for the Bell Mountain Lodge be approved; and the land
use application fee be waived,
APPLICANT: Bell Mountain Limited Liability Company, as represented by Alan
Richman of Alan Richman Planning Services,
CURRENT STATUS OF INDEPENDENCE PLACE PROJECT: Economic and
Planning Systems of Berkeley, California has been selected to perform a financial
analysis of the Independence Place development, and along with Design Workshop, Inc,
(OWl) and Cottle Graybeal Yaw Architects, Ltd, (CGY), both of Aspen, are under
contract with the City to prepare the urban design studies and fiscal analysis necessary for
the proposal to be brought before the City electorate.
BACKGROUND: A GMQS allocation of twenty-two (22) lodge units was awarded to
the Bell Mountain Lodge via Ordinance 3, Series of 1993 adopted on February 22,1993,
EXHIBIT A
.".............~-".,-~-..._,..,'--....,_...,.,,--,.&~_.~....._.
The allocation was based on the accumulation often (10) lodge units from the 1992 GMP
competition; ten (10) lodge units from the future 1993 GMP competition; and two (2)
lodge units from the future 1994 GMP competition, Vested rights were granted
retroactively to the project via Ordinance 37, Series of 1993, adopted on July 12, 1993,
The GMQS allocation and vested rights were to expire on February 22, 1996, three (3)
years from the date they were originally granted,
The applicant has since been granted four extensions of the GMQS lodge unit allocation
and vested rights, Ordinance 51, Series of 1994, adopted October 11, 1994, extended the
GMQS allocation to August 22, 1996, Extension of vested rights was not addressed at
that time, A second extension of the GMQS allocation, including vested rights status,
was granted via Ordinance 15, Series of 1995, Ordinance 16, Series of 1996, extended the
development order until August 22, 1997, and Ordinance 39, Series of 1996, extended
the development order until February 22, 1998, This request is for an extension to
August 22, 1998,
Since Council's initial approval of the GMQS lodge unit allocation, Bell Mountain
Limited Liability Company acquired the property, Shortly after their purchase in 1993,
the applicant agreed to work together with the City in a joint public/private partnership to
be known as Independence Place, The proposal includes the potential creation of an
underground municipal parking garage and the redevelopment of the Bell Mountain
Lodge and the adjoining City Market and Buckhorn Lodge properties as a unified project.
Feasibility study of the Independence Place project is ongoing, Conceptual massing
studies and an economic feasibility analysis are being conducted by the consultant team
described above. The applicant remains interested in achieving a project that can benefit
the community while being economically viable, Additionally, the applicant does not
want their lodge development timetable to interfere with the City's opportunity to fully
explore the potential for Independence Place, including bringing the matter before the
electorate in the coming months,
By approving this extension to August 22, 1998, further exploration and refinement of the
Independence Place proposal can be undertaken without jeopardizing the potential of the
approved redevelopment project or applicant's GMQS lodge unit allocation,
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: Any conditions of approval are required to be met prior to the issuance of
any building permits, To comply with those requirements at this time would be
premature as no plans have been submitted for building permit.
(b) Any improvements which were required to be installed by the applicant prior to
construction of the project have been installed;
RESPONSE: No public improvements were required for this project pnor to the
issuance of building permits,
(c) The project has been diligently pursued in all reasonable respects, and the
extension is in the best interest of the community,
RESPONSE: The applicant, along with the City, has been pursuing the Independence
Place redevelopment project for the past three years, It is in the community's interest for
the project planning and feasibility studies to proceed forward at this time,
RECOMMENDATION: Community Development staff recommends approval for a
six (6) month extension of the 1993 GMQS lodge unit allocation and vested rights for the
Bell Mountain Lodge at 720 E. Cooper Avenue. The six (6) month extension shall begin
upon the expiration of the current extension which is February 22, 1998, This extension
of the GMQS allocations and vested rights status for the Bell Mountain Lodge shall then
expire on August 22, 1998,
Staff also recommends that due to the applicant's participation and continued
involvement in the Independence Place project, the land use application fees be waived
for this extension request.
RECOMMENDED MOTION: "1 move to approve Ordinance 12-; Series of 1997,
on first reading, which extends the 1993 GMQS lodge unit allocation and vested rights
status for the Bell Mountain Lodge at 720 E, Cooper Avenue from February 22,1998 to
August 22, 1998 and to waive the land use fees for this application,"
CITY MANAGER'S COMMENTS:
EXHIBITS:
Ordinance / ~ Series of 1997
A, Staff report dated March 24, 1997
B, Application for Extension of GMQS allocation and vested rights
1'~ Sewke4-
Z'CN: 3613?14(uH. ~ 8'1612
iD'-eI"lu (970) 920-1125
February 10, 1997
Mr. Stan Clauson, Community Development Director
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
RE: EXTENSION OF BELL MOUNTAIN LODGE GMQS ALLOCATION
Dear Stan,
This letter is submitted on behalf of my client, the Bell Mountain Limited Liability Company
(hereinafter, "the Applicants"), requesting an extension of their lodge GMQS allocation and
the associated vested rights. The request is submitted pursuant to Section 26.100,100 of the
Aspen Municipal Code, "Expiration of Development Order". This section states that
development allotments awarded to a project shall expire on the day after the third
anniversary of final development approval, unless a building permit is obtained and the
project is developed. The section goes on to authorize the extension of an allotment, for a
period not to exceed six (6) months, and also authorizes granting of additional extensions.
Background
The Bell Mountain Lodge was awarded a Growth Management Quota System (GlvIQS)
allocation of twenty-two (22) lodge units via Ordinance 3, Series of 1993, adopted on
February 22, 1993. Vested rights were granted to the project retroactively via Ordinance 37,
Series of 1993, adopted on July 12, 1993. The GMQS allocation and vested rights were to
expire three (3) years from the date they were granted, that being February 22, 1996.
The Applicants have since been granted four (4) extensions of the GMQS allocation and
vested rights. Ordinance 51, Series of 1994, adopted on October 11, 1994, extended the
GMQS allocation to August 22, 1996. Extension of the vested rights was not addressed at
that time. However, Ordinance 15, Series of 1995, granted a second extension of the GMQS
allocation, including extension of the vested rights, to February 22, 1997. Ordinance 16,
Series of 1996, extended the allocation and vested rights to August 22, 1997. Most recently,
Ordinance 39, Series of 1996, extended the allocation and vested rights to February 22, 1998,
Exhibit B
Mr. Stan Clauson
February 10, 1997
Page Two
Request
The Applicants hereby request an additional six (6) month extension of the GMQS
allocation and vested rights, which would extend the allocation and the vested rights to
August 22, 1998. Our reasons for submitting this request are as follows.
Almost immediately after the Bell Mountain Limited Liability Company purchased this
property in 1993, the Applicants agreed to work together with the City as a partner in an
effort to realize a joint public/private partnership to create municipal parking beneath their
property and the adjoining City Market and Buckhorn Lodge properties. The Applicants
remain interested in achieving a project that can be of benefit to the community and that
is economically viable. The City has recently initiated an urban design analysis and an
economic analysis of that project. The Applicants continue to express their willingness to
working with the City in these endeavors.
However, because the Applicants have worked to achieve the partnership during the last
four (4) years, they have not gone forward with the development of the approved project,
placing their financial investment at some risk. The Applicants need to obtain another
extension at this time so they can delay having to spend money on their private development
options. You will recall that the Bell Mountain Lodge was unexpectedly successful in
obtaining both a residential allotment for three (3) units and a commercial allotment for
4,000 sq. ft, during the small lodge lottery process in November, 1996, Unless the Applicants
can obtain this extension, they will have to begin comparing these development options and
making decisions as to whether they should prepare a land development application or a
building permit application. They will also need to work toward finalizing their financing,
The Applicants want to make sure that the timetable for their private development options
does not interfere with the potential for realizing this valuable publiclprivate partnership.
Approval of this extension will hopefully provide the time for the City's studies to be
completed and for the City to conduct an advisory election, if necessary,
The Applicants request that as has been done for our prior extension applications, the City
waive the fee for this application. We feel that this extension is necessitated only because
of the Applicants' willingness to cooperate with the City to achieve a public purpose, and
that there should not be a charge for processing this relatively simple matter.
You have in your files a letter from Jim Valerio authorizing me to submit an application on
behalf of the Bell Mountain LLC. Please call me if there is anything else that you require,
Very truly yours,
~~GSERVICES
Alan Richman, AICP
...-...._-"."..."....._.."~,-,-_._~,'-......~,..,,._--"'---"~."'--.','-.,,,._,---,- -~-~
ORDINANCE /~
(SERIES OF 1997)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH
EXTENSION OF THE 1993 LODGE GMQS ALLOTMENT AND VESTED RIGHTS
GRANTED BY ORDINANCE NO.3, SERIES OF 1993, AND EXTENDED BY
ORDINANCE NO. 51, SERIES OF 1994, ORDINANCE NO. 15, SERIES OF 1995,
ORDINANCE 16, SERIES OF 1996 AND ORDINANCE 39, SERIES OF 1996 FOR BELL
MOUNTAIN LODGE REDEVELOPMENT, 720 E. COOPER AVENUE, 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 February 22, 1993, City Council adopted Ordinance No, 3, Series of 1993,
which approved a GMQS allocation for the redevelopment of the Bell Mountain Lodge at 720 E.
Cooper Avenue; 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 four (4) prior six-month extensions which extended the
GMQS allocation and vested rights to February 22, 1998; and
WHEREAS, the applicant, Bell Mountain Limited Liability Company, has requested
another six (6) month extension ofthe GMQS allocation in order to continue working with the City
to develop the Independence Place project without losing the ability to utilize the 1993 GMQS
allocation if the project is not realized; and
WHEREAS, the applicant also requests an extension of vested rights status, which was
granted retroactively by Ordinance 37, Series of 1993, to coincide with the GMQS allocation
extension; and
Ordinance No. 26, Series of 1996
Page 2
WHEREAS, the Community Development Department, having reviewed the application
recommends approval ofa six (6) month extension of the GMQS allotment approved in Ordinance
3, Series of 1993, and the vested rights extension; 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 to coincide with the GMQS extension,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1:
Pursuant to Section 26.100.100 of the Aspen Municipal Code, City Council does hereby grant the
applicant another six (6) month extension of the 1993 Lodge GMQS allocation approved by
Ordinance 3, Series of 1993, extended by Ordinance 51, Series of 1994, Ordinance 15, Series of
1995, Ordinance 16, Series of 1996, and Ordinance 39, Series of 1996 for the Bell Mountain Lodge
at 720 E, Cooper Avenue beginning February 22, 1998 and ending August 22, 1998,
Section 2:
Pursuant to Section 26,52,080 of the Aspen Municipal Code and C.R.S, 24-68-104(2), City Council
does hereby grant the applicant an extension of vested rights status for the site specific development
plan for the Bell Mountain Lodge at 720 E. Cooper Avenue as approved by Ordinance 37, Series of
1993, to August 22, 1998, with the following conditions:
1, The extension of vested rights shall be for six (6) months from FebI1lll1)' 22, 1998 to August 22,
1998,
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 (5) years and 180 days from
February 22,1993, which was retroactively approved by Ordinance 37, Series of 1993, adopted
on July 12, 1993. 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 ofreferendum and judicial review,
. '~".~'M"'_~.~"''''''''~'''':'''''_--'''''''_''.___~'~"'~"_'''_"'~'-,,>'-'-'.-'- "-'+";-., ."
Ordinance No, 26, Series of 1996
Page 3
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 of the City provided that such reviews or approvals are not
inconsistent with the approvals granted and vested herein,
5, The establishment herein of a vested property right shall not preclude the application of
ordinances or regulations which are general in nature and are applicable to all property subject
to land use regulation by the City of Aspen including, but not limited to, building, fire,
plumbing, electrical and mechanical codes, In this regard, as a condition of this site
development approval, the developer shall abide by any and all such building, fire, plumbing,
electrical and mechanical codes, unless an exemption therefrom is granted in writing,
Section 3:
The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general
circulation within the City of Aspen no later than fourteen (14) days following final adoption
hereof.
Section 4:
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason
held invalid or unconstitutional by any court of competent jurisdiction, such provision and such
holding shall not affect the validity of the remaining portions thereof,
Section 5:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances,
Section 6:
A public hearing on the Ordinance shall be held on the _ day of ,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 once in a newspaper of general circulation
within the City of Aspen,
Ordinance No, 26, Series of 1996
Page 4
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 24th day of March, 1997,
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this _day of
,1997,
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
Case No.
CASE STATUS SHEET
Representative's
Name:
Representative's Phone:
Fax:
DATE
~7~:f
t {' f
ACTION OR ACTIVITY
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CAP" 'lJOAD SUMMARY SHEET - CITY rT;' ASPEN
DATE RECEIVED: 2/13/97
DATE COMPLETE:
PARCEL ID # 2737-182-27-003
CASE # A8-97
STAFF: Julie Anne Woodf
PROJECT NAME: Bell Mountain Lodge Extension of Vested Rights
Project Address:
APPLICANT: Bell Mountain Limited Liability Co.
AddresslPhone:
OWNER:
AddresslPhone:
REPRESENTATIVE: Alan Richman
AddresslPhone: Box 3613, Aspen 81612 920-1125
RESPONSIBLE PARTY:
Applicant
Other Name/Address:
FEES DUE
PLANNING $0
ENGINEER $0
HOUSING $0
ENV HEALTH $0
CLERK $
TOTAL $
FEES RECEIVED
PLANNING $
ENGINEER $
HOUSING $
ENV HEALTH $
CLERK $
TOTAL RCVD $
# APPS RECEIVED
# PLATS RECEIVED
GIS DISK RECEIVED:
~/(
\ '
P&Z
CC
CC (2nd readin )
Yes
Yes
Yes
TYPE OF APPLlCA TIOI'I,
One Step /~ ~
'If ,_~
I f"r \
~,J (?-o
REFERRALS:
o City Attorney
o City Engineer (ORC)
o Zoning
o Housing
o Environmental Health
o Parks
o Aspen Fire Marshal
o City Water
o City Electric
o Clean Air Board
o Open Space Board
o Other:
o CDOT
o ACSD
o Holy Cross Electric
o Rocky Mtn Natural Gas
o Aspen School District
o Other:
DATE REFERRED:
INITIALS:
DATE DUE:
Date:
Date:
Book
APPROVAL:
Ordinance/Resolution #
Staff Approval
Plat Recorded:
, Page
CLOSEDIFILED
ROUTE TO:
DATE:
INITIALS:
....
......'"
>t>~ S~~4-
Al4M ~
S'1J4' 3613 A4P-. e.t.."..u r1612
'P~9," (97()} 92()-1125
February 10, 1997
Mr. Stan Clauson, Community Development Director
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
RE: EXTENSION OF BELL MOUNTAIN LODGE GMQS ALLOCATION
Dear Stan,
This letter is submitted on behalf of my client, the Bell Mountain Liinited Liability Company
(hereinafter, "the Applicants"), requesting an extension of their lodge GMQS allocation and
the associated vested rights. The request is submitted pursuant to Section 26,100.100 of the
Aspen Municipal Code, ''Expiration of Development Order". This section states that
development allotments awarded to a project shall expire on the day after the third
anniversary of fmal development approval, unless a building permit is obtained and the
project is developed. The section goes on to authorize the extension of an allotment, for a
period not to exceed six (6) months, and also authorizes granting of additional extensions,
Background
The Bell Mountain Lodge was awarded a Growth Management Quota System (GMQSj
allocation of twenty-two (22) lodge units via Ordinance 3, Series of 1993, adopted on
February 22,1993. Vested rights were granted to the project retroactively via Ordinance 37,
Series of 1993, adopted on July 12, 1993. The GMQS allocation and vested rights were to
expire three (3) years from the date they were granted, that being February 22, 1996.
The Applicants have since been granted four (4) extensions of the GMQS allocation and
vested rights. Ordinance 51, Series of 1994, adopted on October 11, 1994, extended the
GMQS allocation to August 22, ] 996. Extension.of the vested rights was not addressed at
that time. However, Ordinance 15, Series of 1995, granted a second extension of the GMQS
allocation, including extension of the vested rights, to February 22, 1997. Ordinance 16,
Series of 1996, extended the allocation and vested rights to August 22, 1997. Most recently,
Ordinilnce 39, Series of 1996, extended the allocation and vested rights to February 22, 1998,
Exhibit B
Mr. Stan Clauson
February 10, 1997
Page Two
Request
The Applicants hereby request an additional six (6) month extension of the GMQS
allocation and vested rights, which would extend the allocation and the vested rights to
August 22, 1998. Our reasons for submitting this request are as follows.
Almost immediately after the Bell Mountain Limited liability Company purchased this
property in 1993, the Applicants agreed to work together with the City as a partner in an
effort to realize a joint publiclprivate partnership to create municipal parking beneath their
property and the adjoining City Market and Buckhorn Lodge properties. The Applicants
remain interested in achieving a project that con be of benefit to the community and that
is economically viable. The City has recently initiated an urban design analysis and an
economic analysis of that project. The Applicants continue to express their willingness to
working with the City in these endeavors.
However, because the Applicants have worked to achieve the partnership during the last
four (4) years, they have not gone forward with the development of the approved project,
placing their financial investment at some risk. The Applicants need to obtain another
extension at this time so they can delay having to spend money on their private development
options. You will recall that the Bell Mountain Lodge was unexpectedly successful in
obtaining both a residential allotment for three (3) units and a commercial allotment for
4,000 sq. ft. during the small lodge lottery process in November, 1996, Unless the Applicants
can obtain this extension, they will have to begin comparing these development options and
making decisions as to whether they should prepare a land development application or a
building permit application. They will also need to work toward finalizing their financing.
The Applicants want to make sure that the timetable for their private development options
does not interfere with the potential for realizing this valuable public/private partnership,
Approval of this extension will hopefully provide the time for the City's studies to be
completed and for the City to conduct an advisory election, if necessary,
The Applicants request that as has been done for our prior extension applications, the City
waive the fee for this application. We feel that this extension is necessitated 'only because
of the Applicants' willingness to cooperate with the City to achieve a public purpose, and
that there should not be a charge for processing this relatively simple matter.
You have in your files a letter from Jim Valerio authorizing me to submit an application on
behalf of the Bell Mountain LLC. Please call me if there is anything else that you require,
Very truly yours,
I
I
~~GSERVICES
Alan Richman, AlCP
.~-,.,......,........_~..,----..~._,~.",-,,,~,
~,.;EIVEO
VI'--
MAY 0 8 1997
MEMORANDUM
FROM:
AS?EN i PITKIN
COM~l:fi aIlti"EoG'ii'l1FNT
Amy Margerum, City Manager ~J
Stan Clauson, Community Developln~nt Direct~
lWi, Aoo Wo"",, Dq>"", PI"",,,o, Di=r
Amy Amidon, Historic Preservation Officer ' '
TO:
THRU:
THRU:
DATE:
April 28, 1997
RE:
Bell Mountain Lodge Extension of GMQS Allocations and Vested Rights
Parcel I.D, No. 2737-182-27-003, Second Reading of Ordinance 12, Series
of1997
SUMMARY: Bell Mountain Limited Liability Company (the applicant) is requesting
another six (6) month extension of their 1993 Lodge GMQS allocation and vested rights
status pursuant to Section 26,100.1 00, Approval of the applicant's request would extend
the Bell Mountain Lodge GMQS allocations and vested rights from February 22, 1998 to
August 22,1998, The applicant also requests that Council waive the land use application
fee in consideration of their continued willingness to cooperate with the City in studying
Independence Place, a potential public/private development project.
The staff report is submitted as Exhibit A. Attached are the GMQS allotment and vested
rights application as Exhibit B, and the proposed Ordinance 12, Series of 1997,
Community Development staff recommend the six (6) month extension of the GMQS
allocation and vested rights status for the Bell Mountain Lodge be approved; and the land
use application fee be waived,
APPLICANT: Bell Mountain Limited Liability Company, as represented by Alan
Richman of Alan Richman Planning Services,
CURRENT STATUS OF INDEPENDENCE PLACE PROJECT: Economic and
Planning Systems of Berkeley, California has been selected to perform a financial
analysis of the Independence Place development, and along with Design Workshop, Inc,
(DWI) and Cottle Graybeal Yaw Architects, Ltd, (CGY), both of Aspen, are under
contract with the City to prepare the urban design studies and fiscal analysis necessary for
the proposal to be brought before the City electorate,
BACKGROUND: A GMQS allocation of twenty-two (22) lodge units was awarded to
the Bell Mountain Lodge via Ordinance 3, Series of 1993 adopted on February 22,1993,
Exhibit A
The allocation was based on the accumulation often (10) lodge units from the 1992 GMP
competition; ten (10) lodge units from the future 1993 GMP competition; and two (2)
lodge units from the future 1994 GMP competition, Vested rights were granted
retroactively to the project via Ordinance 37, Series of 1993, adopted on July 12, 1993,
The GMQS allocation and vested rights were to expire on February 22, 1996, three (3)
years from the date they were originally granted,
The applicant has since been granted four extensions of the GMQS lodge unit allocation
and vested rights. Ordinance 51, Series of 1994, adopted October 11, 1994, extended the
GMQS allocation to August 22, 1996, Extension of vested rights was not addressed at
that time, A second extension of the GMQS allocation, including vested rights status,
was granted via Ordinance 15, Series of 1995, Ordinance 16, Series of 1996, extended the
development order until August 22, 1997, and Ordinance 39, Series of 1996, extended
the development order until February 22, 1998, This request is for an extension to
August 22, 1998,
Since Council's initial approval of the GMQS lodge unit allocation, Bell Mountain
Limited Liability Company acquired the property, Shortly after their purchase in 1993,
the applicant agreed to work together with the City in a joint public/private partnership to
be known as Independence Place, The proposal includes the potential creation of an
underground municipal parking garage and the redevelopment of the Bell Mountain
Lodge and the adjoining City Market and Buckhorn Lodge properties as a unified project.
Feasibility study of the Independence Place project is ongoing, Conceptual massing
studies and an economic feasibility analysis are being conducted by the consultant team
described above, The applicant remains interested in achieving a project that can benefit
the community while being economically viable. Additionally, the applicant does not
want their lodge development timetable to interfere with the City's opportunity to fully
explore the potential for Independence Place, including bringing the matter before the
electorate in the coming months,
By approving this extension to August 22, 1998, further exploration and refinement of the
Independence Place proposal can be undertaken without jeopardizing the potential of the
approved redevelopment project or applicant's GMQS lodge unit allocation,
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: Any conditions of approval are required to be met prior to the issuance of
any building permits, To comply with those requirements at this time would be
premature as no plans have been submitted for building permit.
(b) Any improvements which were required to be installed by the applicant prior to
construction of the project have been installed;
RESPONSE: No public improvements were required for this project pnor to the
issuance of building permits,
(c) The project has been diligently pursued in all reasonable respects, and the
extension is in the best interest of the community,
RESPONSE: The applicant, along with the City, has been pursuing the Independence
Place redevelopment project for the past three years, It is in the community's interest for
the project planning and feasibility studies to proceed forward at this time,
RECOMMENDATION: Community Development staff recommends approval for a
six (6) month extension of the 1993 GMQS lodge unit allocation and vested rights for the
Bell Mountain Lodge at 720 E. Cooper Avenue. The six (6) month extension shall begin
upon the expiration of the current extension which is February 22, 1998, This extension
of the GMQS allocations and vested rights status for the Bell Mountain Lodge shall then
expire on August 22, 1998,
Staff also recommends that due to the applicant's partIcIpation and continued
involvement in the Independence Place project, the land use application fees be waived
for this extension request.
RECOMMENDED MOTION: "I move to approve Ordinance 12, Series of 1997,
which extends the 1993 GMQS lodge unit allocation and vested rights status for the Bell
Mountain Lodge at 720 E, Cooper Avenue from February 22, 1998 to August 22, 1998
and to waive the land use fees for this application,"
CITY MANAGER'S COMMENTS:
EXHIBITS:
Ordinance 12, Series of 1997
A. Staff report dated April 28, 1997
B, Application for Extension ofGMQS allocation and vested rights