HomeMy WebLinkAboutcoa.lu.sp.Lot5 Aspen Meadows.A9496.s A6.26f
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2735-122-00-004
A94-96
Lot 5, Aspen Meadows Ext.Vested 6 GMQS
SI
CAWOAD SUMMARY SHEET - CITY40ASPEN
DATE RECEIVED: 12/17/96 CASE # A94-96
DATE COMPLETE: STAFF: Amy Amidon
PARCEL ID # 2735-122-00-004
PROJECT NAME: Lot 5, Aspen Meadows Ext. Of Vested Rights & GMQS Allotment
Project Address: Aspen Meadows
APPLICANT: Aspen Institute
Address/Phone:
REPRESENTATIVE: Kaufman & Peterson lituie 1 auc*Y76Z41
Address/Phone: 315 E. Hyman Ave. 925-8166
RESPONSIBLE PARTY: Applicant Other Name/Address:
FEES DUE
FEES RECEIVED
PLANNING
$0- . ,_
PLANNING
$0
# APPS RECEIVED
ENGINEER
$19
ENGINEER
$
# PLATS RECEIVED
HOUSING
$0
HOUSING
$
GIS DISK RECEIVED:
ENV HEALTH
$0
ENV HEALTH
$
CLERK
$0
CLERK
$
TYPE OF APPLICATION
TOTAL $A TOTAL RCVD $0 One Step
❑ City Attorney
[City Engineer
❑ Zoning
❑ Housing
❑ Pnvironmental Health
Parks
DATE REFERRED: !
❑ Aspen Fire Marshal
❑ City Water
❑ City Electric
❑ Clean Air Board
❑ Open Space Board
❑ Other:
112100�
❑ CDOT
❑ ACSD
❑ Holy Cross Electric
❑ Rocky Mtn Natural Gas
❑ Aspen School District
❑ Other:
DATE DUE: 1 1 -7
APPROVAL: rdinan /Resolution # 7 Date: 0 /
Sta Approval Date:
Plat Recorded:
CLOSED/FILED DATE:4A 5 Ion INITIALS:I
ROUTE TO:
Book ,Page
9 1 El �4c.)
MEMORANDUM
TO: Mayor and Council
THRU: Amy Margerum, City Manage
V/
THRU: Stan Clauson, Community Development Directory C
FROM: Amy Amidon, Historic Preservation Officer
RE: Aspen Meadows Lot 5 Residential GMQS and Vested Rights Extension
Request, Second Reading of Ordinance #4, Series of 1997
DATE: February 10, 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 their 1990 GMQS allotment for three new multi -family units and
to the vested rights granted for the development on Lot 5 of the Aspen Meadows
Specially Planned Area.
This request would extend the allocation and vested rights to June 19, 1997. The
application, including Ordinance #26, Series of 1996, which provided an extension to
December 19, 1996 is attached as Exhibit A.
Staff recommends approval of a six (6) month extension of the GMQS allocation and the
extension of vested rights status with conditions. Conditions #3 and 4, have been added
subsequent to First Reading and reflect the input of the City Engineering Department.
APPLICANT: The Aspen Institute and the Trustee Townhomes At -The -Aspen
Meadows Condominium Association, represented by Gideon Kaufman.
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 fmal 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 December 19, 1996.
On December 6, 1996, 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
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filed even though the matter is scheduled for Council consideration after the expiration
date.
The attached application lays out the factors which have delayed construction of the
approved project. Lot 5 was included with Lot 6 in a Notice 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.
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. The applicant requests that the meeting of this requirement be extended
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. Although construction has not begun for Lots 5 and 6, 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 is complete.
Utilities have been installed and road upgrades are completed.
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(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 sixth 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.
The Institute feels that construction must be scheduled in the off-season in order to
minimize disruption of the cultural programs at the Meadows. To date the applicant has
expended considerable funds for road construction, installation of utilities and
landscaping in anticipation of the proposed project.
The existing Trustee Townhomes are now occupied and the Institute is under contract
with another potential purchaser, Doug MacPherson. Under this agreement, Mr.
MacPherson received approval for the Institute for an amendment to the Final SPA
Agreement which will allow the three new townhouses to better meet the Institute's
housing needs. Final approval of the new design has been granted by the Historic
Preservation Commission.
RECOMMENDATION: Staff recommends a six (6) month extension of the 1990
Residential GMQS allocation and vested rights for Lot 5 of the Aspen Meadows
Specially Planned Area be approved and amended in the Aspen Meadows Specially
Planned Area development plan 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 shall expire on June 19, 1997.
3. The City Water Department must receive "as -built" easements and drawings of
the water system for the Aspen Meadows Subdivision, to be recorded and submitted prior
to issuance of additional building permits in the subdivision.
4. The applicant must post financial assurances acceptable to the City Attorney and
City Engineer for the work on and around this lot at the time of building permit
application.
RECOMMENDED MOTION: "I move to approve Ordinance #4, Series of 1997."
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CITY MANAGER'S COMMENTS:
EXHIBITS:
Ordinance #4, Series of 1997
A. Staff memo dated February 10, 1997
B. Applicant's extension request
C. City Engineer referral
meadowcc.doc
LAW OFFICES OF
3ROOKEA PERSON KAUFMAN & PETERSON. P.C.
GIDEON I. KAUFMAN*
315 EAST HYMAN AVENUE
HAL S. DISHLER ^ ASPEN, COLORADO 81611
OF COUNSEL
ERIN L FERNANDEZ-
ALSO ADMfRED IN MARYIAND
>T_EX LSO AOMITO IN TAS
ALSO ADMITTED IN FLCRIDA December 6. 1996
Mr. Stan Clausen
Director of Community Development, City of Aspen
130 S. Galena Street
Aspen, Colorado 81611
Re: Lot 5, Aspen Meadows, Specially Planned Area
Dear Mr. Clausen:
TELEPHONE
(970) 925-8186
FACS#AILE
(970)925-1090
VIA HAND DELIVERY
I am writing to you on behalf of The Aspen Institute. Inc., a Colorado nonprofit corporation.
as Declarant under the Condominium Declaration for The Trustee Townhomes At -The -Aspen
Meadows and as owner of Units 1, 3. 10 and 11. according to the Plat of The Trustee Townhomes
At -The -Aspen Meadows a part of what was formerly known as Lot 5. Aspen Meadows Specially
Planned Area. and The Trustee Townhomes At -The -Aspen Meadows Condominium Association.
Inc.. on behalf of the owners of Units 2. 4. 5, 6. 7, 8 and 9 of the Trustee Townhomes. The Aspen
Institute, Inc. and The Trastee Townhomes At -The -Aspen Meadows Condominium Association are
requesting review and approval by the City Council of the enclosed extension request for the
residential development approvals granted for Lot 5 under Ordinance 14. Series of 1991 and as
modified by the HPC on September 13, 1995, and extended under Ordinance 6, Series of 1996, and
under Ordinance 26. series of 1996.
Please call if you have any questions or need additional information.
Very truly yours,
KAUFMAN & PETERSON, P.C.,
A Professional Corporation
By:
Gid � Kaufman
GIK: ds
Enclosures
Exhibit B
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Request for Extension from GMQS Expiration Deadlines
for The Trustee Townhomes At -The -Aspen Meadows
This application is submitted on behalf of The Aspen Institute, Inc., a Colorado nonprofit
corporation ("The Institute"), as Declarant under the Condominium Declaration for The Trustee
Townhomes At -The -Aspen Meadows' and as owner of Units 1, 3, 10 and 11, according to the Plat
of The Trustee Townhomes At -The -Aspen Meadows 2 (the "Trustee Townhomes") a part of what
was formerly known as Lot 5, Aspen Meadows Specially Planned Area ("Lot 5"), and The Trustee
Townhomes At -The -Aspen Meadows Condominium Association. Inc.. ("Association") on behalf
of the owners of Units 2, 4, 5, 6, 7, 3 and 9 of the Trustee Townhomes. The Institute and the
Association request an additional extension of six months in the expiration of the growth
management allocations for the three multi -family units approved by the City on Lot 5 and for an
extension of the vested rights granted by the City for the projects approved for the Trustee
Townhomes.
On or about February 6, 1996, (after release of the Lis Pendens recorded by Mohammed
Hadid discussed in the most recent extension request), the Institute purchased Lot 5 from Savanah
Limited Partnership ("Savanah") and, thereafter recorded a Condominium Plat creating a
condominium community known as The Trustee Townhomes At -The -Aspen Meadows. Over the
course of the last few months, The Institute was working closely with one third party to try to
co -develop the vacant Units in a way that would better serve the Institute's long-term needs with a
restrictive construction schedule to minimize the disruption of the cultural programs at the Meadows.
The delay caused by The Institute's inability to purchase Lot 5. until the Hadid Lis Pendens
was actually removed. effectively precluded the development of the vacant Units during the off-
season as anticipated. Thereafter. the prospective purchaser declined to purchase. The Institute
entered into another contract with prospective purchaser, Doug McPherson. The due diligence for
that Contract expiries at the end of December, 1996 and the contract is specifically contingent upon
the vested rights being extended for an additional six (6) months with modified approvals for which
application is being made concurrently.
' Dated January 31, 1996, and recorded February 6, 1996 as Reception No. 389723 of
the records of Pitkin County, Colorado
z Recorded on February 6, 1996 in Plat Book 39 at Page 16 of the records of Pitkin
County, Colorado
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A. Background:
Under the provisions of Sec. 8-108(A)(2), development allotments and all other development
approvals are deemed to expire on the day after the third anniversary of the project's final
development approval, unless a building permit is obtained and the project is developed, or unless
an extension of the approval is obtained. The approvals are now scheduled to expire on December
19, 1996'.
In March 1994, Savanah submitted building permit applications for two multifamily projects
in anticipation of obtaining building permits to begin construction of these two projects by the
original deadline in June 1994. However, for scheduling reasons. Savanah needed to postpone
commencement of construction of the seven new townhouse units on Lot 6 until the fall of 1994 and
then begin renovation and enlargement of the Trustee Townhomes and construction of the three new
units on Lot 5 in the fall of 1995. Therefore, Savanah previously requested and received approval
of an extension in the date of expiration of the GMQS allocations and vested rights for these
residential projects from June 21, 1994 to December ' 1, 1994.
Subsequent to the granting of the extension, some unforeseen zoning issues arose with regard
to these two projects as a result of City zoning staff review of the pending building permit
applications. These issues prompted Savanah, in October 1994. to seek two administrative
amendments to the prior SPA approval. The Planning staff reached a decision regarding these two
administrative amendments as documented in their March 16. 1995-memo. In the meantime.
pending a resolution of the proposed amendments, Savanah was granted a second extension to June
19, 1995.
The Institute and Savanah were granted a third and fourth extension to June 19. 1996 (see
Ordinance 6i96, attached as Exhibit A) after The Institute entered into the option contract to
purchase Lot 5 to allow additional time to plan the phasing of construction by the -two separate
organizations and to obtain the release of the Hadid Lis Pendens which was tiled precluding the
3 Sec. 6- 207(c) of the Code provides that in those matters in which the Council has final
approval, that approval shall be by ordinance. A site specific development plan shall be deemed
approved on the "effective date" of the approving ordinance. The effective date of Ordinance
14191, under which the City granted Final SPA Development Plan approval to the Aspen
Meadows, was five business days after the date of publication of the ordinance following its
approval on June 10; in other words, the effective date of the ordinance was June 20, 1991.
Therefore, the GMOS allocations and vested rights for the two multifamily residential projects in
the Aspen Meadows SPA were originally due to expire on June 21, 1994. Under Ordinance
22194, Ordinance 10195, Ordinance 38195 and Ordinance 6196, City Council granted extensions
of six months each; the approvals are now due to expire on December 19, 1996
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parties from moving forward. An extension was then granted on July 8, 1996 (See Ordinance
29/96) extending the vested right period to December 19. 1996.
It remains a goal of The Institute to minimize the disruption to the summer programs of The
Institute and other nonprofit organizations by starting construction and by undertaking the most
disruptive stages of construction during the off-season. Starting the projects during the off season,
will also ease the problems of construction staging in the relatively constrained area remaining at
the Meadows.
The Institute requests the continued cooperation of the City in the ongoing agreement
between the City and the members of the Consortium to try to avoid unnecessary disruptions of the
academic programs at the Aspen Meadows through various construction stages to be undertaken.
B. Extension of GMQS Expiration Provisions for Lots 5 and 6:
Under the provisions of Sec. 8-108(A)(7), multi -family developments shall be eligible for
extension of the GMQS expiration provisions. To obtain an extension, an application for extension
shall be submitted prior to the approval deadline which shall demonstrate to the satisfaction of City
Council that the following three conditions in bold have been met (The Institute's response to these
conditions follows each condition):
(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 [Sec. 8-108 (A)(2)(a)].
To the best of the Parties knowledge, all of the conditions which were applied to the Project
under the SPA Agreement have been complied with.
(b) Any improvements which were required to be installed by the applicant prior
to construction of the project have, been installed [Sec. 8- 108(A)(2)(b)].
All of the improvements which were required to be installed by applicant under the SPA
Agreement and Ordinance 6i96 have now been completed including the planting of
additional cottonwood street trees along Meadows Road, the elimination of the non-
functioning trail lights along old Meadows Road and some additional cleanouts that the City
requested be added to the irrigation system; except for condition 43 set forth in Ordinance
46, Series 1996, Section 1, which requires that by July 1, 1996 approximately fifteen (15)
to twenty (20) more trees along Meadows Road be planted and that Aspen trees planted
within the trail easement be relocated. This planting has not yet been complete and extension
of this requirement to October 15, 1996 is requested as the best time to plant or re -locate
trees is in late fall for the greatest chance of survival .
(c) The project has been diligently pursued in all reasonable respects, and the
extension is in the best interests of the community [Sec.8-1O8(A)(2)(c)].
Despite the fact that actual construction of the new residential units and renovation and
expansion of the existing residential units has not begun, Savanah as the predecessor in title
has nonetheless expended well over one million dollars in road construction, installation of
utilities and landscaping in anticipation of the residential building program.
The Consortium members have diligently pursued completion of the project while working
within the constraints of the fund-raising efforts of the nonprofit organizations and the
interruptions in construction during a large majority of the summer building seasons which
were previously agreed to; these were recognized concerns spelled out by the parties to the
SPA Agreement. The project infrastructure is in place and most of the new and renovated
facilities are now complete.
Savanah has diligently pursued building permits for the two projects which are the subject
of this request and has worked closely with City staff to resolve unforeseen zoning issues.
The Institute has been unable to proceed with the projects due to delay in purchase of the
property caused by the Hadid litigation and thereafter, the contingencies of the contracts for
sale and development which include application presently before the City for modification
to the approvals. The Institute believes that the additional extension is clearly in the best
interests of the community.
In summary. The Institute and the Association are requesting an extension of the GMQS
expiration provisions for the allocations aranted to the three townhouse units on Lot 5, known as
Units 1. 10 and 11. as well as vested rights regarding the projects approved with regard to the
Trustee Townhomes for a period not to exceed six additional months.
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MEMORANDUM
To: Amy Amidon, Planner
Thm: Nick Adeh, City Engineew
From: Chuck Roth, Project Engineer e`fe-
Date: January 17, 1997
Re: Aspen Meadows Extension of Vested Rights (Lot 6)
(Parcel ID No. 2735-122-31-003)
After reviewing the above referenced application, I am reporting the combined comments made by
the members of the DRC:
1. Existing Site Conditions - Since the proposed development lies within an existing subdivision,
was previously approved and consists of the build -out of the approved plans, there are no apparent
impacts or changes in the present site conditions, exterior uses of the property nor drainage
requirements for the property.
2. Incomplete Requirements - To date it appears that there are two conditions of the previous
approvals affecting this Lot 6 that have not been fulfilled.
a. The City Engineering Department has not received recorded as -built easements for the
sewer line through Lot 6. While the original easements were dedicated with the plat in
January, 1992. the dedication certificate (paragraph 4) on that plats states that the
descriptions of the "as -built" utility easements would subsequently be recorded upon the
completion of construction of the utilities. These must be received prior to issuance of a
building permit and shown on the site improvement survey in order to confirm that
construction is not proposed within the easement.
Similarly, the City Water Department has not received as -built easements and as -built
drawings of the water system for the Aspen Meadows Subdivision. These must be recorded
and received prior to issuance of additional building permits in the subdivision.
b. Prior to receiving a building permit for the proposed construction, the applicant is
required to post with the City financial assurances acceptable to the City Attorney and City
Engineer for the work on and around this lot. This requirement becomes effective upon
application for the building permit for this lot.
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Memo - Aspen Meadows Extension tted Rights (Lot 5) •
3. Other Approving Agencies - At the time that this development was approved, the City Public
Works Director oversaw and coordinated the several operating departments which provide services
to or have improvements in this development. Since this position has since been eliminated and the
responsibilities divided between the several departments which were formerly under the umbrella
of Public Works, it would be appropriate to confirm with each affected department that the
respective concerns, requirements and conditions for which it is now responsible, with respect to
this development, specifically this lot, have been adequately addressed or that there is a mechanism
for doing so.
The former Public Works Director also assisted in coordinating with the private utility providers
outside of the City of Aspen, (e.g. ACSD, KNE Energy, Holycross Electric Association, etc.) which
may also have specific requirements and obligations with this development which need to be
fulfilled or verified. As such, it would be appropriate to also contact these utilities.
M97.14
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EXHIBIT
MEMORANDUM
To: Amy Amidon, Planner
Thru: Nick Adeh, City Engineer
From: Ross C. Soderstrom, Project Engineer"
Date: January 14, 1997 �"�
Re: Aspen Meadows Extension of Vested Rights (Lot 5)
(Lot 5, Block 1, Aspen Meadows Subdivision, City of Aspen, CO)
In order to provide you with a timely response to this urgent application, the following discussion
represents only the comments of the Engineering Dept. rather than the full membership of the DRC.
After reviewing the above referenced application and making a site visit, I am reporting our
comments:
1. Existing Site Conditions: Since the proposed development lies within an existing
subdivision, was previously approved and consists of the build -out of the approved plans. there are
no apparent impacts or changes in the present site conditions, exterior uses of the property nor
drainage requirements for the property.
2. Incomplete Requirements: To date it appears that there are three (3) conditions of the
previous approvals affecting this Lot 5' that have not been fulfilled.
a. The City Engineering Dept. has yet to receive the as -built record easements for the
water and sewer lines which were built around and through Lot 5. While the original
easements were dedicated with the plat in January, 1992, the dedication certificate
(paragraph 4) on that plats states that the descriptions of the "as -built" utility easements
would subsequently be recorded upon the completion of construction of the utilities. These
must be recorded and received prior to issuance of any building permit for new construction
on Lot 5 in order to verify the actual location of the existing utilities prior to new
construction.
Similarly, the City Water Department has not received as -built easements and as -built
drawings of the water system for the Aspen Meadows Subdivision. These must be received
prior to issuance of additional building permits in the subdivision.
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DRCM0397.DOC
Memo - Aspen Meadows Extension of Vested Rights (Lot 5)
b. Prior to receiving a building permit for the proposed construction, the applicant is
required to post with the City financial assurances acceptable to the City Attorney and City
Engineer for the work on and around this lot. This requirement becomes effective upon
application for the building permit for this lot.
3. Other Approving Agencies: At the time that this development was originally approved,
the City Public Works Director oversaw and coordinated the several operating departments which
provide services to or have improvements in this development. Since this position has since been
eliminated and the responsibilities divided between the several departments which were formerly
under the umbrella of Public Works, it would be appropriate to confirm with each affected
department that the respective concerns, requirements and conditions for which it is now
responsible, with respect to this development, specifically this lot, have been adequately addressed
or that there is a mechanism for doing so.
The applicant will need to contact other utility providers outside of the City of Aspen. (e.g. ACSD.
KNE Energy, Holycross Electric Association, etc.) which may also have specific requirements and
obligations with this development which need to be fulfilled or verified. As such, it would be
appropriate to also contact these utilities.
2 OF 2
DRCM0397.DOC
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MEMORANDUM
TO: Mayor and Council
THRU: Amy Margerum, City Manager
c��TE RU: Stan Clauson, Community Development Director
FROM: Amv Amidon, Historic Preservation Officer
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RE: Aspen Meadows Lot 5 Resienti 1 GMQS and to Righ Extension
Request, First Reading of q din e`_ Se' ' s of l 97
i'
DATE: January 27, 1997
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SUMMARY: The Aspen Institute and the
Condominium Association, as owners of d
six month extension to their 1990 GMQS
to the vested rights granted for the develbp
Speciaily Planned Area.
This request would extend the allocation
I
Iow omes At -The -Aspen -Meadows
is on of 5 have requested an additional
.ent or three new multi -family units and
o Lot 5 of the Aspen Meadows
vested rights to June 19. 1997. The
application. including Ordinance 426, Serj�s of 1996. which provided an extension to
December 19. 1996 is attached as Exhibit A.
Staff recommends approval of a six (6) month extension of the G',Iv1QS allocation and the
extension of vested rights status with conditions.
APPLICANT: The Aspen%Tnstitute and the Trustee Townhomes At -The -Aspen
Meadows Condominium Association, represented by Gideon Kaufman.
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 December 19, 1996.
On December 6, 1996, the applicant 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.
Exhibit A
The attached application lays out the factors which have delayed construction of the
approved project. Lot 5 was included with Lot 6 in a Notice 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.
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
deveiopment plan which shall demonstrate to the satisfaction of city council that:
(a) Those conditions applied to the proiect at the time of its f nai 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 aLyreement 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. The applicant requests that the meeting of this Mrequirement be extended
until October 15. 1997 as the best time to plant or relocate trees is in late fall for the
greatest chance of survival.
(b) 4ny 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. Although construction has not begun for Lots 5 and 6, the
applicant shall be required to mitigate any construction damage to Aspen Meadows Road
and a l "to l .5" overlay is required when the construction is complete.
Although the construction of the new units has not begun, utilities have been installed and
road upgrades are completed.
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(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 sixth 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.
The Institute feels that construction must be scheduled in the off-season in order to
minimize disruption of the cultural programs at the Meadows. To date the applicant has
expended considerable funds for road construction, installation of utilities and
landscaping in anticipation of the proposed project.
The existing Trustee Townhomes are now occupied and the Institute is under contract
with another potential purchaser. Doug MacPherson. Under this agreement, Mr.
MacPherson received approval for the Institute for an amendment to the Final SPA
Agreement which will allow the three new townhouses to better meet the Institute's
housing needs. Conceptual approval of the new design has been ,ranted by the Historic
Preservation Commission.
RECOMMENDATION: Staff recommends a six (6) month extension of the 1990
Residential GMQS allocation and vested rights for Lot 5 of the Aspen Meadows
Specially Planned Area be approved and amended in the Aspen Meadows Specially
Planned Area development plan 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 shall expire on June 19. 1997.
RECOMMENDED MOTION: "I move to read Ordinance T Series of 1997.
"I move to approve Ordinance T_, Series of 1997, on first reading."
CITY MANAGER'S COMMENTS:
EXHIBITS:
Ordinance 9 Series of 1997
A. Staff memo dated January 27, 1997
B. Applicant's extension request
PUBLIC NOTICE
RE: ASPEN IEADOWS EXTENSION OF VESTED RIGHTS
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, February 10, 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 in the expiration of the growth management allocations for the three multi -family
units approved by the City on Lot 5 (the Trustee Townhomes site) as well as an 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 Julie Ann Woods
((970) 920-5100) or Amy Amidon ((970) 920-5096) at the Aspen/Pitkin Community Development
Department, 130 S. Galena St., Aspen, CO.
s/John Bennett. Ma=
Aspen City Council
Published in the Aspen Times on January 25, 1997
City of Aspen Account
T& 61deoy) 0j'JOUA 14ZA-7
0 •
ASPEN/PnDUNN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(970) 920-5090 FAX4 (970) 920-5439
January 7, 1997
Gideon Kaufman
Kaufman & Peterson
315 E. Hyman Avenue
Aspen, CO 81611
Re: Aspen Meadows Extension of Vested Rights (Lot 5)
Case A94-96
Dear Gideon,
- The Planning Office has completed its preliminary review of the captioned application. We have
determined that this application is complete. Please submit $1,155 (Planning deposit $1,050 and
Engineering fee $105) and returned the enclosed Agreement to Pay Form as soon as possible.
We have scheduled this application before the Aspen City Council on Monday, January 27, 1997 at
a meeting to begin at 5:00 p.m. Should this date be inconvenient for you please contact me within
3 working days of the date of this letter. After that the agenda dates will be considered final and
changes to the schedule or tabling of the application will only be allowed for unavoidable technical
problems. The Friday before the meeting dates, we will call to inform you that a copy of the memo
pertaining to the application is available at the Planning Office.
If you have any questions, please call Amy Amidon. the planner assigned to your case, at 920-
5096.
Sincerely,
4to)�
Rhonda Harris
- Administrative Assistant