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HomeMy WebLinkAboutLOL Vested Rights ApplicationVAN N ASSOCIATES, LLC Planning Consultants April 11, 2017 HAND DELIVERED Ms. Jesssica Garrow, Director Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Lift One Lodge Subdivision/Planned Unit Development Vested Rights Exten- sion Dear Jessica: Please consider this letter an application to extend the vested rights for the Lift One Lodge Subdivision/Planned Unit Development (the "PUD"), a mixed-use project which has been approved for development on Lots 1, 2, 3 and 4 of the PUD (see Exhibit 1, Pre -Application Conference Summary, attached hereto). The purpose of the requested extension is to allow the owner of Lots 1 and 2 to assess the feasibility of relocating Lift 1A further downhill, and to revise the project as may be required to accommodate any such relocation. A three-year extension of the current expiration date is requested to provide sufficient time to accomplish the assessment; revise the project's design; process such land use applications as may be required to amend the PUD's existing approvals; and to complete the work required to obtain a building permit for the project's lodge component. The application is submitted pursuant to Section 26.308.010.C. of the Aspen Land Use Code (the "Code") by Lift One Lodge Aspen LLC (hereinafter "Applicant"), the owner of Lots 1 and 2 (see Exhibit 2, Title Policy) . Permission for Vann Associates, LLC to represent the Applicant is attached as Exhibit 3. A Land Use Application Form, an Application Fee Agreement, a HOA Compliance Form, and a list of property owners located within 300 feet of the PUD are attached as Exhibits 4, 5, 6 and 7, respectively. Background The Lift One Lodge Subdivision/Planned Unit Development was approved by the City Council in November of 2011 pursuant to Ordinance No. 28, Series of 2011 (see P.O. Box 4827 • Basalt, Colorado 81621 • 970/925-6958 • Fax 970/920-9310 vannassociates@comcast.net Ms. Jessica Garrow April 11, 2017 Page 2 Exhibit 8). The PUD consists of four separate lots and is located on the east side of South Aspen Street between Deane Street and Hill Street. As originally approved, Lot 1 will contain the Lift One Lodge. Lot 2 will contain the relocated Skiers Chalet Steakhouse which is to be rehabilitated and utilized for affordable housing purposes. Lots 3 and 4 contain the City's Lift One and Willoughby Parks, respectively. The former Skiers Chalet Lodge, which is currently located on Lot 1, is to be relocated to Lot 4, rehabilitated and used to house the Aspen Historical Society Museum. A Development Agreement memorializing the PUD's approvals was recorded with the Pitkin County Clerk and Recorder in March of 2013. The PUD's Final Plat; Devel- opment Plan Set, which included various associated architectural and engineering drawings; a Street, Alleyway and Easement Vacation Plat; and a Master Easement Agreement were recorded concurrently with the Development Agreement. The PUD's approvals were initially vested until November 28, 2016. The expiration date, however, was extended for two years by the City Council in April of 2015 (see Exhibit 9, Resolution No 41, Series of 2015). Lots 1 and 2 were acquired by the Applicant from their prior owner, Roaring Fork Mountain Lodge -Aspen, LLC, in May of 2015. An application to amend the lodge component of the PUD, which is to be developed on Lot 1, was submitted by the Applicant and approved by the Planning and Zoning Commission in March of 2016 (see Exhibit 10, Resolution No. 2, Series of 2016). An amendment to the original Development Agreement and an amended Development Plan Set were recorded in December of 2016. The amendment approved changes to the Lift One Lodge's exterior architectural appearance; the reconfiguration of its internal floor plans; and the expansion of its commercial net leasable area. No changes to the PUD's 2015 vested rights extension were requested or approved. The PUD's approvals, therefore, are currently vested until November 28, 2018. Vested Rights Extension Pursuant to Section 26.308.010.0. of the Code, the City Council may by resolution at a public hearing approve an extension of vested rights. The specific review criteria which the Council shall consider, and the Applicant's response thereto, are summa- rized below. 1. The applicant's compliance with any conditions requiring perfor- mance prior to the date of application for extension or reinstatement. Two conditions were imposed in connection with the 2015 extension of the PUD's vested rights. The owner of Lots 1 and 2 was required to enter into a cost- sharing agreement with the developer of the neighboring South Aspen Townhomes Ms. Jessica Garrow April 11, 2017 Page 3 project for various required improvements to the South Aspen Street right-of-way. The extension was also conditioned upon the owner establishing an agreement with the City Engineer regarding the logistics and timing of any closure of Gilbert Street necessitated by the required right-of-way improvements. Both of these conditions have been met by the Applicant. Copies of the Cost -Sharing and Gilbert Street Agreements can be provided in the event required. In addition, Section 6 of P&Z Resolution No. 2, Series of 2016, which approved the Applicant's revisions to the Lift One Lodge, required that the Applicant record an amendment to the PUD's Development Agreement memorializing the Lodge's revised design and it's approval conditions. As discussed previously, an amendment to the original Development Agreement and an amended Development Plan Set were recorded in December of 2016. 2. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expendi- tures made by the applicant in pursuing the project. The Applicant has diligently pursued the preparation of the construction documents required for the submittal of a building permit application for the Lift One Lodge. The building permit submission is approximately 25 percent complete. The schematic design phase has been completed and value engineering is ongoing. Completion of the construction documents is expected to take an additional nine to twelve months which will allow submission to the Building Department prior to expiration of the project's existing vested rights. Aggregate expenditures to date made by the Applicant in connection therewith currently exceed approximately 2.5 million dollars. 3. The nature and extent of any benefits already received by the City as a result of the project approval such as impact fees or land dedications. The Applicant has entered into an Easement Agreement with the City for the benefit of the public which allows the continued use of the portion of Gilbert Street that was vacated in connection with the PUD's approval until such tine as the con- struction of the Lift One Lodge commences. 4. The needs of the City and the applicant that would be served by the approval of the extension or reinstatement request. Members of the City Council and numerous citizens have stated publicly that they would like to see Lift 1A extended further downhill than presently proposed. If feasible, any such relocation of the lift will likely require modifications to the design Ms. Jessica Garrow April 11, 2017 Page 4 of the Lift One Lodge, and possibly to other components of the PUD. While the Applicant has expressed a willingness to participate in a reassessment of the lift's location, the assessment process, and the time required to obtain any associated land use approvals arising from the relocation, will undoubtedly be lengthy. As noted above, the construction documents for the Lift One Lodge as currently configured are well underway. Should a relocated lift be approved, new construction documents will have to be prepared for the revised lodge following the completion of the land use approval process. The preparation of the new documents will likely take a number of years to complete. As a result, a three-year vested rights extension is appropriate to permit sufficient time to undertake the relocation assess- ment, the associated land use approval process, and the preparation of a new building permit submission. Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, Attachments cc: Michael Brown Tom King d:\oldc\bus\city.app\app63017.ext