HomeMy WebLinkAboutcoa.lu.sp.MAA Extension.A3794MAA Extension of Vested Rights
A37-94 2735-144-01-001
A
A
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303) 920-5090
%
APPLICATION
FEES j' o
LAND USE
CITY:
63250-134
GMP/Conceptual
-63270-136
GMP/Final
-63280-137
SUB/Conceptual
-63300-139
SUB/Final
-63310-140
All-2 Step Applications
-63320-141
All 1 Step Applications
-63330-150
Staff Approval
-63432-157
Zoning Plan Check
-63432-157
Sign Permit
-MR011
Use Tax for Sign Permits
HISTORIC PRESERVATION:
-63335-151
Exemption -
-63336-152
Minor
-63337-153
Major Devel.
-63338-154
Signif. Devel.
-63339-155
Demolition
COUNTY:
-63160-126
GMP/General
-63170-127
GMP/Detailed
-63180-128
GMP/Final
-63190-129
SUB/General
-63200-130
SUB/Detailed
-63210-131
SUB/Final
-63220-132
All 2 Step Applications
-63230-133
All 1 Step Applications
-63240-149
Staff Approval
-53450-146
Board of Adjustment
-63235-148
Zoning Plan Check
REFERRAL FEES:
-63360-143
Engineering - County
00115-63340-163
Engineering - City
00123-63340-190
Housing
00125-63340-205
Environmental Health
PLANNING OFFICE SALES:
-63080-122
County Code
-69000-145
Other (Copy Fees)
TOTAL
Name:
Phone:
Address:
Project: ----- - ___
ZI/
Check #: __ —__
_Date: - ------__ No of Copies — - -
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 05/03/94 PARCEL ID AND CASE NO.
DATE COMPLETE: 2735-144-01-001 A37-94
STAFF MEMBER: KJ
PROJECT NAME: MAA Extension of Vested Rights
Project Address: Box AA, Aspen,
Legal Address:
APPLICANT: Music Associates of Aspen
Applicant Address: Box AA, Aspen, CO
REPRESENTATIVE: Myler, Stuller and Schwartz 920-1018
Representative Address/Phone: 106 S. Mill, #202
Aspen, CO 81611
--------------------------------------------------------------
--------------------------------------------------------------
FEES: PLANNING $ 978 # APPS RECEIVED 1
ENGINEER $ # PLATS RECEIVED 1
HOUSING $
ENV. HEALTH $
TOTAL $ 978
TYPE OF APPLICATION:
STAFF APPROVAL:
1 STEP:
X
2 STEP:
P&Z Meeting Date
PUBLIC
HEARING:
YES
NO
VESTED
RIGHTS:
YES
NO
CC Meeting Date
PUBLIC
HEARING:
YES
NO
VESTED
RIGHTS:
YES
NO
DRC Meeting Date
REFERRALS:
City Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir.Hlth.
Zoning
Parks Dept.
Bldg Inspector
Fire Marshal
Holy Cross
Mtn. Bell
ACSD
Energy Center
School District
Rocky Mtn NatGas
CDOT
Clean Air Board
Open Space Board
Other
Other
DATE REFERRED: INITIALS: DUE:
FINAL ROUTING: DATE ROUTED: < INITIAL:- h)
City Atty
Housing
City Engineer Zoning Env. Health
Open Space Other:
FILE STATUS AND LOCATION:
0 0
MEMORANDUM
TO: Mayor and City Council
THRU: Amy Margerum, City Manager
THRU: Leslie Lamont, Interim City Planning Directo
J.
FROM: Kim Johnson, Planner
DATE: June 13, 1994
RE: Music Associates of Aspen - Vested Rights Extension,
Second Reading of Ordinance 20, Series 1994
SUMMARY: The applicant, the Music Associates of �App, seeks to
extend vested rights status for a period o 5 yea s for the
construction of the last two items approved t s-- 1992 Aspen
Meadows SPA Plan. These remaining items are the expansion of the
backstage building of the Music Tent and the expansion of the gift
kiosk in front of the tent.
Staf--fco-ti rends approval of a vested rights extension for a period
of,t\\hree yea s, with one condition.
PREV�C6UNCIL ACTION: The Aspen Meadows Final SPA Development
Plan was approved by City Council on June 10, 1991. This approval
included vested rights for three years, ending June 21, 1994.
Please see Exhibit A for page 18 of Ordinance 14, Series of 1991.
First Reading of Ordinance 20 was held on May 23, 1994.
BACKGROUND: The 1991 Aspen Meadows SPA Plan approved several
projects for the MAA including the Harris Concert Hall, parking lot
revisions, a 1,500 s.f. expansion of the Tent backstage building,
and a 100 s.f. expansion of the gift shop. These elements were
included in the Meadows exemption from Growth management
competition and mitigation because they were found by Council to
be essential public facilities.
To date, the largest elements of the MAA's development have been
completed, those being the Harris Hall and the parking lot re-
arrangement (landscaping of the lot is due this summer).
STAFF COMMENTS: The substantial costs of the completed concert
hall and parking revisions has been funded by donations to the MAA.
They want to proceed with the two remaining projects as soon as
possible, but are limited at this time because of their financial
constraints. See application information, Exhibit "A". To allow
the MAA a flexible timeframe to be vested under the 1991 approval
for the backstage expansion and the kiosk expansion, they seek a
5 year extension of their vested rights approvals.
1
0 0
Chapter 24 of the Aspen Municipal Code does not provide specific
review criteria for an extension of vested rights. Staff finds
that there is no loss of public benefit from an limited extension
of vested rights for the MAA development for the following reasons:
1. The projects are relatively small elements of the overall MAA
development approved in 1991.
2. The 1991 SPA approval exempted the MAA's development from
growth management competition and mitigation, therefore the City
did not assign GMP allocations to the MAA, nor was it expecting
mitigation during a specific timeframe from the MAA.
3. The Aspen Area Community Plan's goal of supporting the arts and
non-profit organizations of the community will be upheld by the
vested rights extension.
Therefore, staff is forwarding a recommendation that the vested
rights extension be for three years rather than the five years
proposed by the MAA. A three year period would be consistent with
the land use code's allowance for vested rights -after a development
approval. If three additional years were approved, it would
provide the MAA with a total of six years vested rights status,
which is a substantial amount of time from the date of original SPA
approval.
Per the Final SPA Plan, the only outstanding requirement for the
MAA is the completion of the parking area landscaping. The parking
lot itself has been regraded and surfaced according to the layout
approved in the 1991 SPA Plan. Staff has included a condition of
approval for the extension request that this landscaping shall be
finished no later than October 31, 1994.
RECOMMENDATION: Staff recommends approval of an extension of
vested rights for the remaining development at the Music Associates
of Aspen music tent for a period of 3 years, with one condition
regarding the completion of landscaping.
ALTERNATIVES: City Council could elect to extend vested rights for
a different period of time or deny the extension request.
PROPOSED MOTION: "I move to approve Ordinance 20, Series 1994 at
second reading for a 3 year extension of vested rights for the
MAA's Music Tent backstage expansion of 1,500 s.f. and the gift
kiosk expansion of 100 s.f., both of which were approved by
Ordinance 14, Series 1991 for the approval of the Aspen Meadows SPA
Final Development Plan."
CITY MANAGER'S COMMENTS:
EXHIBITS:
A. Application Information B. Public Notice Publication
2
Music Associates of Aspen
April 22, 1994
Ms. Kim Johnson
City of Aspen
Planning Department
130 South Galena
Aspen, CO 81611
Dear Kim,
Utp t_r=
App ro"d , is.
By Qmunao
As I am sure you are aware, the vested development rights granted by the 1991 Aspen
Meadows Specially Planned Area Agreement expire this year. I am therefore requesting an
extension of those development rights not yet completed.
Specifically, we have not yet been able to address two projects. Of greatest importance to
the Music Festival is the expansion of the backstage building of the Bayer/Benedict Music
Tent. As noted in our original application, this expansion will provide dressing rooms,
orchestra locker rooms, and an expanded women's restroom for our patrons. The second
component was the approval to expand the Gift Kiosk in front of the Tent.
The last three years have produced tremendous successes for the Music Festival. We have
completed construction of the Joan & Irving Concert Hall, reconfigured the Tent lawn areas,
and improved the parking area for pedestrian, bicycle, and bus access. Our fund-raising
efforts have barely managed to keep pace with these projects. To commence further
construction at this time is just not financially feasible.
We intend to proceed with these projects as soon as funds allow. I would therefore request
an extension that permits us the maximum flexibility to schedule construction pursuant to our
ongoing fundraising efforts. I trust that your flexibility in this regard will result in a project
every bit as outstanding as Harris Concert Hall.
I would be happy to meet with you at your convenience to discuss this. Thank you in
advance for your kind consideration.
Y,
Robert Harth
President and CEO
cc: Alan Schwartz
Post Office Box A-\, Aspen, Colorado 81612 303/925-3254 Fax: 303i925-3802
Music associates of aspen, Inc. • aspen Music Festival & School
ORDINANCE NO. 20
(SERIFS OF 1994)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, EXTENDING THE
VESTED DEVELOPMENT RIGHTS FOR THREE
YEARS FOR THE MUSIC ASSOCIATES OF ASPEN
ON LOT 2 OF THE ASPEN MEADOWS SUBDIVI-
SION
WHEREAS, the Aspen City Council approved
Ordinance No. 14, Series of 1991, for the approval
of the Aspen Meadows SPA Final Development
Plan; and
WHEREAS, the Music Associates of Aspen was a
co -applicant for the Aspen Meadows SPA Final
Development Plan and by virtue of Ordinance
No. 14. Series of 1991, received approval to con-
struct a rehearsal/performance hall, music tent
backstage expansion, gift shop expansion, and
parking lot redevelopment; and
WHEREAS, vested rights for a period of three
years was included in the application submitted
to the Planning Office by the Aspen Meadows co -
applicants and was approved as part of the over-
all SPA Plan approval; and
WHEREAS, the Music Associates of Aspen has
completed the majority of their projects
approved by Ordinance No. 14. but were unable to
complete the 1.500 s.f. of tent backstage expao-
slon or the 100 s.f, of gift kiosk expansion prior to
the expiration of vested rights due to fund raising
constraints; and
WIIERFAS, the Music Associates of Aspen sub -
milted to the Planning Office a request to extend
vested rights for the two projects remaining from
the 1991 Aspen Meadows SPA approval for an
additional 3 years: and
WHEREAS. Section 24d207 of the Aspen Munic-
ipal Code was adopted to provide the necessary
procedures to implement the provisions of ArtF
cle fig of Title 24, C.R.S., as amended and Section
24-68.104 (1), C.R.S., permits the vesting period to
be extended upon the express authorization of
City Council.
NOW, THEREFORE, BE IT ORDAINED BY.THE
CITY COUNCIL OF THE CITY OF ASPEN, COL-
ORADO:
Section 1: That It does hereby extend Vested
Rights for the Music Associates of Aspen granted
by the site specific development plans approved
for the Aspen Meadows SPA Final Development
Plan, established by Ordinance No. 14, Series of
MI, for a period of three (3) years from June 20,
1994. However, any failure to abide by any of the
terns and conditions attendant to the approvals
shall result in the forfeiture of said vested proper-
ty rights. Failure to properly record all plats and
agreements required to be recorded by the land
Use Cale shall also result in the forfeiture of said
vested property rights.
Section 2: The extension of vested rights shall
be conditioned upon the completion of the park-
Ing area landscaping per the approved Aspen
Meadows SPA Final Development Plan, no later
than October 31. 1994.
Section 3: The establishment of a vested prop
erty 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 Includ-
ing, but not limited to, building, fire, plumbing,
electrical and mechanical codes. In this regard, as
a condition of this site development approval, the
applicant shall abide by any and a0 such building,
lire, plumbing, electrical and mechanical codes,
unless an exemption therefrom Is granted in writ-
ing.
Section 4: That the City Clerk is directed, upon
the adoption of this ordinance, to record a copy
of this ordinance in the office of the Pitkin County
Clerk and Recorder.
Section 5: A public hearing on the Ordinance
shall be held on the 13th day of June 1994 at 5:00
P.M. in the City Council Chambers, Aspen City
Hall, Aspen Colorado, fifteen (15) days prior to
which a hearing of public notice of the same shall
be published In a newspaper of general circula-
tion within the City of Aspen.
INTRODUCED, READ AND ORDERED PUB-
LISHED as provided by law, by
the City Council of the City of Aspen on the
23rd day of May, 1994.
John S. Bennett, Mayor
ATTEST:Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this
day of. 1994.
John Bennett, Mayor
ATTEST. Kathryn S. Koch, City Clerk
Published in The Aspen Times May 27, 1994.
61ty Council Bzhibit E
Approved , 19 _
By Ordinance
C�
MEMORANDUM
TO: Mayor and City Council
• Vic..
THRU: Amy Margerum, City Manager
THRU: Leslie Lamont, Interim City Planning Director �710'
FROM: Kim Johnson, Planner
DATE: May 23, 1994
RE: Consent Agenda: Music Associates of Aspen - Vested Rights
Extension, First Reading of Ordinance 40 , Series 1994
----------------------------------------
----------------------------------------
SUMMARY: The applicant, the Music Associates of Aspen, seeks to
extend vested rights status for a period of 5 years for the
construction of the last two items approved in the 1992 Aspen
Meadows SPA Plan. These remaining items are the expansion of the
backstage building of the Music Tent and the expansion of the gift
kiosk in front of the tent.
Staff recommends approval of a vested rights extension for a period
of three years, with one condition.
PREVIOUS COUNCIL ACTION: The Aspen Meadows Final SPA Development
Plan was approved by City Council on June 10, 1991. This approval
included vested rights for three years, ending June 21, 1994.
Please see Exhibit A for page 18 of Ordinance 14, Series of 1991.
BACKGROUND: The 1991 Aspen Meadows SPA Plan approved several
projects for the MAA including the Harris Concert Hall, parking lot
revisions, a 1,500 s.f. expansion of the Tent backstage building,
and a 100 s.f. expansion of the gift shop. These elements were
included in the Meadows exemption from Growth management
competition and mitigation because they were found by Council to
be essential public facilities.
To date, the largest elements of the MAA's development have been
completed, those being the Harris Hall and the parking lot re-
arrangement (landscaping of the lot is due this summer).
STAFF COMMENTS: The substantial costs of the completed concert
hall and parking revisions has been funded by donations to the MAA.
They want to proceed with the two remaining projects as soon as
possible, but are limited at this time because of their financial
constraints. See application information, Exhibit "A". To allow
the MAA a flexible timeframe to be vested under the 1991 approval
for the backstage expansion and the kiosk expansion, they seek a
5 year extension of their vested rights approvals.
1
•
Chapter 24 of the Aspen Municipal Code does not provide specific
review criteria for an extension of vested rights. Staff finds
that there is no loss of public benefit from an limited extension
of vested rights for the MAA development for the following reasons:
1. The projects are relatively small elements of the overall MAA
development approved in 1991.
2. The 1991 SPA approval exempted the MAA's development from
growth management competition and mitigation, therefore the City
did not assign GMP allocations to the MAA, nor was it expecting
mitigation during a specific timeframe from the MAA.
3. The Aspen Area Community Plan's goal of supporting the arts and
non-profit organizations of the community will be upheld by the
vested rights extension.
Therefore, staff is forwarding a recommendation that the vested
rights extension be for three years rather than the five years
proposed by the MAA. A three year period would be consistent with
the land use code's allowance for vested rights after a development
approval. If three additional years were approved, it would
provide the MAA with a total of six years vested rights status,
which is a substantial amount of time from the date of original SPA
approval.
Per the Final SPA Plan, the only outstanding requirement for the
MAA is the completion of the parking area landscaping. The parking
lot itself has been regraded and surfaced according to the layout
approved in the 1991 SPA Plan. Staff has included a condition of
approval for the extension request that this landscaping shall be
finished no later than October 31, 1994.
RECOMMENDATION: Staff recommends approval of an extension of
vested rights for the remaining development at the Music Associates
of Aspen music tent for a period of 3 years, with one condition
regarding the completion of landscaping.
ALTERNATIVES: City Council could elect to extend vested rights for
a different period of time or deny the extension request.
PROPOSED MOTION: "I move to approve first reading of Ordinance
Series 1994 for 3 year extension of vested rights for the
MAA's Music Tent backstage expansion of 1,500 s.f. and the gift
kiosk expansion of 100 s.f., both of which were approved by
Ordinance 14, Series 1991 for the approval of the Aspen Meadows SPA
Final Development Plan."
CITY MANAGER'S COMMENTS:
EXHIBITS:
A. Application Information
2
Music Associates of Aspen
April 22, 1994
Ms. Kim Johnson .
City of Aspen
Planning Department
130 South Galena
Aspen, CO 81611
Dear Kim,
Cite Co�uoil �"=_
AppaaA" • 1!
By ordioaooe
11R
JUN y 19Ai
As I am sure you are aware, the vested development rights granted by the 1991 Aspen
Meadows Specially Planned Area Agreement expire this year. I am therefore requesting an
extension of those development rights not yet completed.
Specifically, we have not yet been able to address two projects. Of greatest importance to
the Music Festival is the expansion of the backstage building of the Bayer/Benedict Music
Tent. As noted in our original application, this expansion will provide dressing rooms,
orchestra locker rooms, and an expanded women's restroom for our patrons. The second
component was the approval to expand the Gift Kiosk in front of the Tent.
The last three years have produced tremendous successes for the Music Festival. We have
completed construction of the Joan & Irving Concert Hall, reconfigured the Tent lawn areas,
and improved the parking area for pedestrian, bicycle, and bus access. Our fund-raising
efforts have barely managed to keep pace with these projects. To commence further
construction at this time is just not financially feasible.
We intend to proceed with these projects as soon as funds allow. I would therefore request
an extension that permits us the maximum flexibility to schedule construction pursuant to our
ongoing fundraising efforts. I trust that your flexibility in this regard will result in a project
every bit as outstanding as Harris Concert Hall.
I would be happy to meet with you at your convenience to discuss this. Thank you in
advance for your kind consideration.
TZoKert Harth
President and CEO
cc: Alan Schwartz
Post Office Box AA, Aspen, Colorado 81612 303/925-3254 Fax: 303/925-3802
Music Associates of Aspen, Inc. • Aspen Music Festival & School
DAVID J. MYLER, P.C.
SANDRA M. STULLER, P.C.
ALAN E. SCHWARTZ
• •
MYLER, STULLER & SCHWARTZ
ATTORNEYS AT LAW
May 2, 1994
Kim Johnson
Aspen/Pitkin County Planning Office
130 South Galena
Aspen, CO 81611
RE: Application to Extend Vested Rights for
Music Associates of Aspen, Inc.
Dear Kim:
106 S. MILL STREET, SUITE 202
ASPEN, COLORADO 81611
(303) 920-1018
FAX 920-4259
On behalf of the Music Associates of Aspen, Inc. ("MAA"), and
further to our conversation of last week regarding the above -
referenced land use application, enclosed please find MAA's check
in the amount of $978.00 to cover the costs of a one-step
application, together with an executed copy of your standard form
fee agreement.
With respect to your inquiry regarding the length of extension
being sought, we would respectfully request five (5) additional
years. Despite the overwhelming success of our Meadows Capital
Campaign, it would be a tremendous financial burden for us to
commit to completing the balance of the improvements that were
approved in 1991 any sooner than 1999. We believe that our track
record -- particularly as reflected in the successful completion of
the Harris Concert Hall to unanimous praise -- entitles us to your
indulgence in this matter. We like to think that we have earned
your continued trust, and appreciate your thoughtful consideration
of this request.
Very truly yours,
MUSIC ASSOCIATES OF ASPEN, INC.
By: _
Ala E. Schwartz
Trustee and General Counsel
AES:caw
Enclosures
CC: Robert Harth
maa\johnson.1tr
i'R-14-1994
10:03 FROM ASPEN/PITKIN SLDG DEPT
i
TO
•
9-9204259 P.07
he CITY
5, Therefore, APPLICANT agrees that in consideration
et zn ination of tappl a o's
waiver of its right to collect full fees prior to a
completeness, APPLICANT shall pay an initial deposit in the amount ded c sts
which is for _ hours of Planning Office time, and if actual
exceed the initial deposit, APPLICANT shall pay additional monthly billings to
CITY to reimburse the CITY for the processing of periodicpaymentstion mentioned
shall be made
above, including post approval review. Such p P Y
within 30 days of the billing date_ APPLICANT suspensionrofep processing.
reesgat failure to pay
such accrued costs shall be grounds f
CITY OF ASPEN
Ey:
Diane Moore
City Planning Director
APPLICANT
2
By.
hlai ins A d d r n
Af
Date:
TOTAL P.07