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Home My WebLink Aboutcoa.lu.gm.Lot1A-AspenMeadowsSubd.A026-00008 A026-00 2735-121-29- Extention of Vested Aspen Institute Rights- Lot IA- Meadows Subdivis ..... - CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY .........., '-'- A026-00 2735-121-29008 Aspen I nstitute- Extension of Vested Development Rights Lot 1A Aspen meadows Subdivision Nick Lelack Extension of Vested Rights Aspen Institute C/o Amy Margerum 5/22/00 Reso. 65-2000 Approved 8/18/00 J. Lindt / "-'" , 0"."-,,,,' ". ., 1. The Aspen Institute Parcel (Lot 1): Savanah will give to the Aspen Institute all of the land within the West Meadows parcel not included within the residential and conservation parcels, including all of the existing buildings within that portion of the property, to secure the future of the Institutions and to maintain a cultural campus at the Aspen Meadows. This gift of approximately 27 acres will include the restaurant/administration facility, the three Chalet lodging buildings, the Kresge Lodge, the tennis courts, the sculpture garden, and the remaining "race track" open space area along Meadows Road. Under the City's Master Plan, the existing Lodge may be expanded to 110 rooms to support the Institute's executive seminar program. The Aspen Institute proposes to reconstruct and expand the 44 lodge rooms in the Chalet buildings and reconfigure the 16 rooms in the Kresge Building. The 50 new lodge rooms approved under the Master Plan will be located as follows: .—� a. A new building (Building 3) with 12 rooms will be added to the southeast of the health center. b. Four additional rooms will be added to Chalet B and two additional rooms will be added to Chalet C. C. A new building (Building 7) with 24 rooms will be constructed to the east of the Kresge Building. The existing health center will be renovated; a modest expansion of approximately 2,000 square feet is anticipated at some time in the future in two new elements on the north side of the existing building. This expansion is needed to bring the facilities available for women up to the square footage of that for the men. The existing south facade facing the campus will be restored to its original appearance so that the perception of the building from the campus will remain unchanged. A new outdoor pool is to be 21 ,6;y k k g 1T' C'- THE ASPEN INSTITUTE Amy L. MARGERUM Senior Vice President, Administration and Finance March 1, 2000 HAND -DELIVERED Ms. Julie Ann Woods, Director Aspen/Pitkin Community Development 130 South Galena Street Aspen, Colorado 81611 Re: The Aspen Institute - Extension of Vested Development Rights for Three Years for Lot 1A of the Aspen Meadows Subdivision Dear Julie Ann: Please consider this letter a request on behalf of The Aspen n 11, _. " Y:: Institute to extend its vested rights for the Meadows project. As you "1 know, per Ordinance No. 91-14 and the SPA Agreement, The Aspen Institute secured approvals from the City of Aspen for major renovations and additions to its campus at the Meadows. The vested rights period was extended to June 21, 2000, per Ordinance No. 28, a copy of which is attached hereto. 1000 North Third Street Aspen, CO 81611 PH 970.544.7905 FX 970.544.7908 amymoaspeninstitute.org www.aspeninstitute.org During the past years, The Aspen Institute has spent considerable funds to implement modifications and changes to its campus. These changes have been extensive. Rooms have been completely renovated, and new rooms have been built. The health club and the restaurant have been renovated. A new parking structure has been built. The utilities and the new road have been installed. The Aspen Institute acquired one of the Trustee Townhomes, which is a priority for the Institute. Every aspect of the application has been completed, except the one small building which has not been built. Given the tremendous outlay of funds, and the major steps that have been taken towards the implementation and completion of the overall plan, The Aspen Institute's actions could easily be construed as having vested all its approvals under common law vesting. In order to complete the last phase, the Institute needs to undertake an additional capital fundraiser. The Institute is planning a major three year capital campaign to coincide with its 50"' Anniversary celebration, which will occur this summer. Therefore, we would like to extend the vested rights for an additional three years. I believe this request is justified , given the immense amount of work which has been done towards the implementation of the campus improvements and reliance upon the approvals, the wonderful benefits that the community is beginning to see through the renovation of the campus, the new emphasis on the Aspen Community given John Bennett's new position as Vice -President for Aspen relations, and the fulfillment of the spirit of the approvals that The Aspen Institute has secured. We look forward to discussing this matter with you and the City Council. We hope that the Community Development Department will support our request, in light of the commitment that The Aspen Institute has made to fulfill the spirit and letter of the Agreement with the City of Aspen. Please let me know if we should meet on this request or if you are able to place this on an upcoming agenda. I look forward to hearing from you. Institute rYice President, Administration and Finance Cc: Elmer Johnson, President Gideon Kaufman Cindy Buniski John Bennett Exhibit A: Aspen Institute x. �1is s IR' 1� � , ' ►�'� � . f f ems. � � ,: S $ 7'� �. ,„ j A « o a Oki g Location of Undeveloped Lodge Building ORDINANCE (SERIES OF 1997) AN ORDINANCE OF TEE ASPEN CITY COUNCIL APPROVING A THREE YEAR EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO.14, SERIFS OF 1991, AND EXTENDED BY ORDINANCE NO. 31, SERIES OF 1994 FOR THE DEVELOPMENT APPROVALS ON LOT 1A OF THE ASPEN WADOWS SPECIALLY PLANNED AREA, CITY OF ASPEN, PTTKLN COUNTY, COLORADO. pursuant to Section 26,52.080 of the Aspen Municipal Code, City Council may great an extension of vested rights up to 'three years for developme= other tban detached residential and duplex units; and June 10, 1991, City Council adopted Ordinance No.14, Series of 1991, which approved the Aspen Meadows Specially Plauaed Area Final Development Plan; and WHEREAS, the vested rigbis expire on the day after the third aaaiversary of the date the development approvals have been awarded; and ".nM. M. ■' -• rights to Ime 21, 1997; and WHEREAS, the applicant, the Aspen In gimte has requested a three year extension of vested rights for Lot 1 A; and WHEREAS, the Co=uaity De` clopm=t Department, having reviewed the application recommends approval of a three year extension of vested ri.g b for Lot IA fording that the development involves an essential public ta=lity and that completion of the proj act is in the best interests of the City; and Department's recommendation does wish to grant an extension of vested righb status. Ordinance No. 26, Series of 1996 Page 2 NOW, THEREFORE, BE IT ORDANM BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Pursuant to Section 2652.080 of the Aspen Municipal Code, City Council does hereby approve a three year extension of vested rights as approved by Ordinance 14, Series of 1991, and extended by Ordinances 31, Series of 1994, for Lot I of the Aspen Meadows Specially Planned area - The City Cleric shall cause notice of this Ordinance to be published in a newspaper of general circulation within the City of Aspen no Inter than fourteen (14) days following final adoption hereof. If any section, subsection, sentence, clause, phrase or portion of this ordinincce is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such bolding shall not affect the validity of the remaining portions thereof. This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. A public heanin,-, on the Ordinance shall be held on the 1 lth day of August, 1997 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. r Ordinance No. 26, Series of 1996 Page 3 INTRODUCED, READ AND ORDERED PUBUSHED as provided by law, by the City Council of the City of Aspen on the Ath day of July,1997, John Ikennett, Mayor ATTEST: e� �� a eA a, Yathr7n S och, City Clerk FINALLY, adopted, passed and approved this IL day of August 1997. John bennett, Mayor -f Ordinance No. 26, Series of 1996 Page 3 INTRODUCED, READ AND ORDERED PUBUSHED as provided by law, by the City Council of the City of Aspen on the Ath day of July,1997, John Ikennett, Mayor ATTEST: e� �� a eA a, Yathr7n S och, City Clerk FINALLY, adopted, passed and approved this IL day of August 1997. John bennett, Mayor -f MEMORANDUM TO: City of Aspen FRO?�.�I: The Aspen Institute DATE: March 7, 2000 RE: The Aspen Institute Please apply this check as the deposit for The Aspen Institute's Vested Rights Extension Application. Thank you for your consideration. Sage Terrace Open Space .ar� \ I ° The Aspen Meadows nsfnlation Land 1{ — / •`.� ( /+ !� �/ roe, Final S.P.A. Development Plan J LT 4 I 1 PLOT I I 2Now T Unit 1 Client: Landscape Architects: Sr ff ♦ 1 J /� •y\ \ •~•� Mua Aw ,.I,,o1 A,Iwn DESIGNWORKS110P. Inc / ,r , A,Ix•n Irrvamtc 7101 m Durant Avenue Ili l UD 1 \ \ �i A,Ix•n (•eater lur lTy,rc, 44 It ,(b8154 Nlhll A,M. h I.Imn1 1'a y-,lnlr t M1114'S.N1S4 .,` 1 d� ` toorin - it `J Utilities and Surve7ing: I � t a _ ., rjlo-. _ •_-�- ��`'_ - h \ 1 muiJ Nxe Cansulhn9 Waln ! ipxrers.lnt ro nw crwlda rra'1 I w . �Qsa O he••aadrrac ._, a•� �/ .......,., -_ __ .....-....w...... w I r0 - ` \• _.._ _ _ _ ` �, LgwHs• d ..aea.•him ..r. r•. .NP. a.wMarN u Tr..o•Is �. r. \... ... •«. n.w s•waw. cw edPankq. :w �, 9!I rIi6.. f✓" %' —,r IJ;GEND rouua� ..��___ 2a .q spew \ �+% lixisting Grades 1 t• vim, .•. wr. t .�`. `.� ) fir. raw —_�� ff �� +W rw �1 J�r'� _. '•___Proposed Grades Remodeled Trustee Townhouses 1 - 11 ParkxV Spaces \�. 11 ` ti..,. W.rra \ e' PARKING SUMMARY Iry rb•r Elevarkla— r•. .s ya _'/ �"� —� Trustee Townhouses 33 Spaces A. Townhouses 21 Spaces \ `�, r..r • J -7 -Y' — Restaurant 14 Spaces , — _ �\ -•wet.. +w.a �7 Tennis Courts 97 Spaces ++� ` New jbwr111ousea• Total Parking 165 Spaces Unit. \` rsa r r a . rrn.a � ) kamenk+e d Proposer( Tr -A.` �. � �, 17at1oaMr � � � .? � � 1 _ - 10%4(rada Max * 2 � Pp -ad extxrw v�-.-tl� 1� .1 ` I` :i!20i Meadows f /; raao - --t Restauran toe : R�oad°d� _. 1 � \ se.Ie: I'.Srr.(r' l/ \ LOT 1 •4, l` \,. ,�l '/��/M�— � /- ) 11 5SO IINI ISII ?(MI N•r{� Dale: Mareh1 7` a•.n rule: / •rw• \ \ L:'1 t Y.� . r•a-4bai wR-1"ed CONCEPTUAL 1lI 7 Now Town see LAYOUT & / \ � 1 L ain ls.N aNm _ tea. N � rya y �• . .,j � .� . . r'osh p AREA 1 a M„ 'GRADING PLAN- i ---- JUN 24 '94 11:32 KAUFMAN AND PE?ERSON,_P.C. P.2/12 MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager �? THRU: Leslie Lamont, interim Cif.y Planning Direct; �,, FROM: Kim Johnson, Planner DATE: June 13, 1994 RE: The Aspen Institute - Jnsted Rights Extension, First Reading of ordinance , Series 1994 SUNNARY: The applicant, the Aspen Institute, seeks to extend vested rights status for a period of three years for the construction or the last lodge building approved by the 1991 Aspen Meadows Final Specia?ly Planned Area ;SPA) Development Plan. staff recommends approval of the applicant's request with conditions, most importantly relating to a revised trail easement alignment down to picnic point, and a storm water detention easement in the racetrack area. PREVIOUS COUNCIL ACTION: The Aspen Meadows Final SPA Development Plan was approved by City Council on June 10, 1991. This approval included vested rig:lts for three years, ending June 21, 1994. Please see Exhibit A for Ordinance 14, Series of 1990. BACKGROUND: The approved aspen Meadows sPA Plan granted an approval to the Aspen Institute fo::- the addition of a new parking garage and tennis shop expansion, 50 new lodge rooms, and renovation/expansion of the health club and restaurant/admii nstration. building. To date, the only element of the Institute's redevelopment which has not been built is building no.3 to contain 12 lodge units. At the time of approval, the Ir.st ittlte' s redevelopment was exempted fror.. Growth Management- competition and mitigation beca'1se it was deemed to be essential public :Facilities, necessary for the continued well being of the Aspen Institute. STAPP COMMENTS: Chapter 24 of this Aspen Municipal code does not - provide specific review criteria fcr an extension of vested rights. The applicant is requesting that the vested rights for the approved but unbuilt lodge building number 3 be extended for a period of three years. The applicant states that this extension, is justified given the "tremendous outlay of funds and the major steps that have been taken towards implementation of the overall plan..." 1 TUN 24 '34 11:33 KAUFMAN AND PETERSON,_P.C. P.3/12 Chapter 24, Section 6-207 of the Aspen Municipal Code does not provide specific review criteria for an extension of vested rights. Extension of vested rights is completely discretionary by City Council. in consideration of the Institute's request for an additional three years of vested rights beyond the three years granted, in 1991, Planning, Parks and Engineering/Public Works staff feel it necessary to condition the request with two items which are important to the health and welfare of the community and the ezvironnent. These two items are the revision of community trail alignment down to t-ie 25 acre city -owned conservation land, and the dedication of a storm water detention easement within the old racetrack oval. Recommended 'i'rail Re -Alignment: Currently the Asper: Meadows Plat shows an area for a trail below the restaurant building and Lots 5 and 5 (the tennis townhomes and trustee towncomes). The slope in �.hi, area is very steep, nearly 1:1 in places, and is thickly covered with native shrubs and small plants. During the 1991 Meadows SPA review, staff expressed iLs deep concern that a design for a trail on this slope would be steep, and mere importantly, would creme-e a substantial scar on the hillside due to excavation of a trail bed. Firzt and foremost, this spring the Parks Department contracted with Gary Lacy tc visit the site and design a trail which would be wide enough for ziultiple purposes and at a grade which would greet ADA (Americans wl Disabilities Act) requirements. His goal was also to limit impacts to the natural landscape of the area. The design he has presented has met ti-.e first two objectives fairly well, bur as expected the proposE:d alignment will be terribly destructive to the hillside and expensive to construct. The swath of disturbance will be at leas;. 21) feet wide including the cut abov_- and the fill below the trail surface. The estimate from Aspen Earttmoving for excavation and retaining the slope is over $3 17,000 - surfacing, !:-evegetatiori rind con.pletion or the trawl to Picnic Point bridge is additional to this amount. Staff will preset large detailed drawings and photos at the Council meeting, but has included Patrick Duffield's memo and a reduced :nap of the area as Exhibi t "3" . In summary, th,3 prysical impacts of the trail in this area and the associated costs of the trail's construction are the main reasons staff believes it is critical to pursue another alignment. Staff believes that in exchange for any vested rights extension, and because the detailed impacts have now been identified, the trail easement should be moved to the northwestern corner of the Institute's property below the ir.stitute's health club. For decades there has been an old di_-- :road going from the top of the hill down to picnic point. This informal access way is used occasionally by the Aspen Consolidated sanitation District to service its sewer lines along Castle Creek. Some revisions to this 2 JUN 24 '94 11:34 KAUFMAN AND PETERSON.-P.C. P.4/12 old road would be necessary to make the switchbacks more functional for a trail, but the side slope is not: nearly as steep and the hill is predominately grass with limited shrub cover. Not much slope retention would be needed, thus the construction costs would be greatly reduced. An access easement would have to extend along the paved road from the parking garage area northward to the health club and the old road below. secondly, a trail relocation would k:etter avoid the construction activities associated with the tennis; townhomes. The closest part of this multi -family structure will be along its north wall, approximately three feet from the trail. Not only will townhome construction close access on this trail section but after completion, the trail will be so close to the building that it will be an awkward, unconfortable feeling for trail users and townhame occupants. During the 199i approval hearings, City staf` spoke strongly in favor of the northern trail alignment b_r the health club. The Aspen Institute, howe'Jer, objected to this location because it brought the public further into the nstitute's campus area. They were, and still are, concerned that the pedestrian and bicycle traffic making its way the extra 500 feet past the restaurant building on the Institute's internal service roads would create an unacceptable disturbance to lnst_tute activities around the Marble Carden and pond area. As pointed out by Patrick, a possible solution might be to limJt trail traffic during an occasional private event in the Marble Garden area. Storm Water Detention gasemer During the 1991 reviews and approval of the Aspen Meadows, City Engineer Chuck Roth sought to acou:.re a detention easement in the area of the old racetrack. The City's 1973 Urban. Runoff Management Plan -L i.*led this location for such a use because it is real is-ically the only place large enough to serer the west Aspen area. There is no current discussion of any designs for a &et-etfacilit.v, but staff shares the Institute' s ( and conmunit1j' s ) concern that any detention pond must be designed to be as leas,: intrusive as possible. The Planning Commission recently acknowledged the importance of this detention easement during review of the Irstitute's request to expand the Paepcke Seminar Facil�.ties on the east carpus. They passed a motion by a 4-0 vote to forward their concern to Council that this easement is necessary for compliance with clean water regulations and should be obtained from the Institute. It is important to recognize that any pond design: must be thoroughly reviewed by the Planning Commission and City Council as an amendment to the Aspen Meadows SPA. please refer to Chuck Roth's June 20, 1994 memorandum, Exhibit "C" . Attached to it are letters of support from the Colorado Division of wildlife Department of Natural. Resources as well as Trout 3 JUN 24 '94 11:34 KAUFMAN AND PETERSON,_P.C. P.5/12 Unlimited. Both groups cite sediment pollution as being the most harmful to our exceptional aquatic resources. A detention pond allows fine sediments to settle out of storm water before its discharge into the river. It also provides an opportunity for storm water to naturally recharge the ground water system. Chuck Will be showing photographs of a few different pond designs at the Council meeting. However, these will be for conceptual purposes only - no consideration is being given to any specific design at this time. Actual need to develop a detention pond may be up to twenty-five years away. Given the determined need by Parks, 'Planning and Engineering staff for the revised trail easement and storm. water detention easement, staff believes that the vested ri(;hts for the remaining lodge building should be conditioned upon dedication of these easements by the Institute. If so dedicated, staff would find that there is no loss of public benefit from a three year extension of vested rights for the following reasons: 1. The project is a relatively ;small element of the overall Institute development approved in 15)91. 2. The 1991 SPA approval exempted the Institute's development from growth management competition and :mitigation, therefore the city did not assign GM? allocations to the institute, nor was it expecting mitigation during a specific timeframe from the Institute. 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. RECOMMENDATION: Staff recommends approval of an extension of vested rights for the remaining :dodge building at the Aspen institute for a period of three: years with the following conditions: 1) The Aspen Institute shall dedicate a trail alignment along the roadway from the parking garage to the old road below the health club, then fanning outward towards the property line of Lot 1, until such time that the City Parks Department finalizes a trail design to follow basically the old road. Then, the City will be responsible for costs associated with surveying and platting the new :rail easement, as well as the costs of developing the trail. The old easement will be abandoned during the replatt_ng effort. 2) The Institute agrees to dedicate a storm water detention easement in the old racetrack area as identified in the 1973 JUN 24 '94 11:35 KAUFMAN AND PETERSON,_P.C. Urban Run. -off Management Plan. The easement is for a 5 acre foot detention pond and associated inlet, outlet and maintenance access easements. The City will be responsible for costs associated with surveying and platting the new storm water detention easement, as well as the costs of deve.lop_ng the pond and associated needs. ALTERNATIVES: City council could elect to alter the conditions of approval, ex -:end vested rights for e. difTeren-- period of time, or deny the extension request. PROPOSED NOTION: "I move to read. of Ordinance Series 1994." "I move to approve on first reading ordinance Series 1994 which grants a three yea- extension of vested rights for the Aspen institute's construction of lodge building number 3, containing twelve lodge roams." CITY MANAGER'S COXXENTS: E:0ilBITS : A. Application Information B. Patrick Duffizld's Memo and Drawings C. Chuck Roth's Memo 5 JUN 24 '94 11:35 KAUFhIAN AND PETERSON,_P.C. P.7/12 ORDINANCE NO. (SERIES OF 1994) AN ORDINANCE OF THE CITY COUNCIL 07? THE CITY OF ASPEN, COLORADO, EXTEh'DIIvG THE VESTED DEVELOPMENT RIGHTS FOR THREE YEARS FOR THE ASPEN INSTITUTE AT LOT 1-A OF THE ASPEN MEADOWS SUBDIVISION WHEREAS, the Aspen City Council adopted Ordinance No.14, Series of 1991 for the approval the Aspen Institute's development of 50 new lodge rooms, a parking garage, renovation and expansion of the health club, and renovation of the restaurant building by approval cf the Aspen Meadows Final SPA Development, Plan ("Plan"); and WHEREAS, Vested Rights for the Aspen Meadows was also granted within the Plan for a period of three years, effective through June 21, 1994; and WHEREAS, the Aspen Institute has complated the majority of the projects approved by ordinance N0.14, but were unable to complete lodge building number 3 to contain twelve lodge rooms prior to the expiration of vested rights due to fund raising constraints; and WHEREAS, the Aspen Institute submitted a request to the Planning Or`fice on Apri? 26, 1994, for an additional three years of vested rights to ext?nd from Jurte 21, 1994, to June 21, 1997, for the remaining development of la3ge building number 3; and WHEREAS, the request for vested rights extension was considered by the Planning Office, Parks Department and the Engineering Department, and as a result of their reViewS, these departments sought in exchange for the vested rights extension two new easements, those being a revised multi -purpose trail alignment 1 JUN 24 '94 11:36 KAUFMAN AND PETERSON,_P.C. P.ei12 on the old dirt road below the health club at the north west corner of the Institute'$ property, and a storm water detention easement in the old racetrack area as identified in the City of Aspen's 1973 Urban Run-cff Management Plan; and WHEREAS, section 24-6-207 of the Aspen Municipal Code was adopted to provide the necessary procedures to implement the provisions of Article 60 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 13Y THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby extend Tested Rights for the Aspen Institute granted ay the site specific development plans approved for the Aspen Meadows SP' Final Development Plan, established by Ordinance No.14, Series Of 1.991, for a period of three (3) years from June 21, 1994 to June 21, 1991,, subject to the conditions set forth at Section 2 below. Failure to abide by any of the terms and conditions in Section 2 within 45 days or the conditions attendant to the original approvals shall result in the forfeiture c' said vested property rights. Failure to properly record all plats and agreements required to be recorded by the Land Use Code shall also result in the forfeiture of said vested property rights. section 2: The extension of vested rights shall be conditioned by the 'following: 1) The Aspen Institute shall dedicate a trail alignment along the roadway from the parking garage to the old road below the health club, then fanning outward towards the property line of Lot 1, until such time that the City Parks Department 2 JUN 24 '94 11:36 KAUFMAN AND PETERSON,_P.C. P.9/12 finalizes a trail design, to follow basically the old road. Then, the City will be responsible for costs associated with surveying and platting the new trail easement, as well as the costs of developing the trail. The old easement will be abandoned during the replatting effort. 2) The Asper. Institute shall to dedicate a storm water detention easement in the old racetrack area as identified in the 1973 Urban. Run-off Management Plan.. The easement shall be for a 5 acre foot detention pond and associated inlet, outlet and maintenance access easements. The City will be responsible for costs associated with surveying and platting the new stoma water detention easement, as well as the costs of developing the pond and associated needs. Section 3: That the establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicalcle 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 conditicn of this site development approval, the applicant shall abide by any and all such build ng, f4re, plumbing, electrical and a;echanical codes, unless an exemption therefrom is granted in wr-iting. 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 day of 1994 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (1.5) days prior to which a hearing of public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council, of the City of Aspen on the day of 3 JUN 24 '94 11:37 KAUFMAN AND PETERSON,_P.C. P.10/12 , 1994. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk rINALLY, adopted, passed and approved this 1994. ATTEST: Kathryn S. Koch, City Clerk 4 John. Bennett, Mayor day of JUN 24 '94 11:37 KAUFMAN AND PETERSON,_P.C. P. 11/1 City Council t gpp1red 1.:�wt)rrr�i:�Or• By ordinance BROOKE A. RETERSON K a UFM AN 3; PETERSON, P.C. TELEPHONE GI,D>:ON 1, KAUFMAN • (303) 4T5 8j66 ERIN L. F_RNANDEZ 315 EAST HYMAN AVENUE FACSIMILE -- _ ASPEN_ COLORAIDO 31611 (303) 925.10% ROBYN J. MYLER ^• 1 • ALSO ♦oMITTE' IN MAdTVNo Apr? i 26, 199� ALW A6ANTTCO IN h,07wOA ALSO AONIITTCO IN NCR 'a" ANO =XwCt;TIGUT Ms. Leslie :.--mont Aspen;Pitkin Planning Ci=ice 130 South Galena Street Aspen, Colorado 81611 Re: The .Aspen institute - Extension of Vested Rights Dear Leslie: Please consider this letter a re,luest on behalf o? The Aspen enstitute to extend _=s -res-ted rights foc the Meadows prc"ect. As you :'U'low, per SPA Ordinance Ncs. 10 and _1 and the SPA Aq emeent, The Aspen institute secured approvals from the City of Aspen for majcr renovations and additions to its CaMpUs at the Meadow's . During the past three years, The Aspen Institu-s has scent considerable funds to iriplemenz modi_` i cations and cha^oyes to its ca thus. ;here chances have been extensive. Rooms have bee- complete'v renovated, and new rcor,:s have been built. '?e heaizh club and the restaurant have been renovated. A new par:,_nG structure has been built. The ut .? hies and tr.e new road have own installed.. Every aspect of the apo'_icat:on has been ccmF eted, except for one small building which has not been built. Given the tremendcus outlay of funds, and the -•,aor steps that have been taken towards _mplsmentation of the overall plan, The Aspen institute would prefer not to have to build L_^__S ore small building at t =is time, and hereby recruests an extension of its vested Y: yhts for a per--cd of three Years. I believe th::s request is jus,,_iFied, given t :e immense work Nhich 'as been dome towards the a ,, i?itOiCi;C:'lt �lcn o the �:cfaC:..s imp rovements, t::e wo.^.derful benefits t:tat the coi-.inunitj-, is beginning to see through the renovation of t:+e CarT,pus, and Ghe fulfill:rent o, the spirit of the approvals that The Aspen Institute has secured. We look for-daxd to discussing th:.s matter with City Council prior to the expiration or vested rights in June, we hope that the Planning office will support our request, in l,.ght of the commizment that The Aspen institute has made to fulfzli t'je spirit and 1et,_r o_ the Agreement with the C.tv of Aspen. Very truly yours, L�.rd OFPTCES OF KAU M1 & P=TFPSv"t, P.C. d Pro ssicnc:l Corporations Gi on Kaufman JUN 24 '94 11:38 KAUFMAN AND PETERSOON,_P.C. P.12/12 MEMORANDUM TO: Kim Johnson, Citv Planner FRAM: Patrick Duffield, Trail Supervisor RE: Access To Meadows Lot #4 Trail DATE: June 16th, 1994 city C=ncii zxbit,_ ApprCVW w , i9 By ordinance In your negotiations with the Aspen Institute perhaps you could persuade their Board of Directors to rethink the access to the trail which already exists on the City owned ? of #4. The reason for the alternated route is three fold. First, there already exists an access to the north of the Savannah Limited's townhouses. Tra5 was developed for Aspen Consolidated Sanitation District to maintain their sewer line which runs the length of Lot #4,. As there is no other access to this parcel for the heavy pumper trucks, the access road will remain intact. Secondly, the 'nevi aligr rient would enudl descendirig fifty vertical feet by developing a tightly switchbacked trail This alignment would require a large amount of cutting and scarring the pristine hilhiide just to the south of the Meadows Restaurant. Also, a great deal of fill d.rt would be required, as well as removing and relocating many shrubs and othE:r such vegetation. Thirdly, there would be quite a large cost associated with retaining the hillside due to its 45+ degree slope. Aspen Earthmoving gave an estimate of $83,200.00 (1280 lineal feet at approximately $65/LF). That estimate does not include surfacing, re vegetation or completing the trail to the picni -- point bridge. There is the additional concern of the 'new, alignment's close proximity to the townhouses Savannah Limited is planning -I:o build east of the tennis court area. The trail, as cturently called for, would sit three feet north of these new townhouses. This could create a very uncomfortable feeling ::or both the residents in the townhounes as well as the trail users. The Tnstitute's main concern over the ali:ernate alignment along the Sanitation District easement is the infringement of the general public on a fe-w of their annual special events. These events are private and the Institute does wish to the participants to be distracted by general traffic. A possible solution to this situation would be to close the trail on these days to allow more privacy for these few special events. It is my belief that using the grade developed for the Sanitation District would save the hillside, greatly reduce costs and allow for a good trail alignment to the Lot #4 parcel trail. Further, the Aspen SarL.tation Consolidated Sanitation District has granted us permission to use its access easement for this purpose. 1 0 5 10 20 30 40 50 ASPEN MUSIC FESTIVAL TENT BUILDING ELEVATIONS LA4.2 I'=20'-0' •rreaw �mse H A R R Y T E A G U E A R C H I T E C T S THE ASPEN INSTITliTE Amy L. MARGERUM Senior Vice President, Administration and Finance 1000 North Third Street Aspen, CO 81611 PH 970.544.7905 Fx 970.544.7908 amym@aspeninstitute.org www.aspeninstitute.org " '0 K41 March 1, 2000 HAND -DELIVERED Ms. Julie Ann Woods, Director Aspen/Pitkin Conununity Development 130 South Galena Street Aspen, Colorado 81611 Re: The Aspen Institute - Extension of Vested Development Rights for Three Years for Lot 1A of the Aspen Meadows Subdivision Dear Julie Ann: Please consider this letter a request on behalf of The Aspen Institute to extend its vested rights for the Meadows project. As you know, per Ordinance No. 91-14 and the SPA Agreement, The Aspen Institute secured approvals from the City of Aspen for major renovations and additions to its campus at the Meadows. The vested rights period was extended to June 21, 2000, per Ordinance No. 28, a copy of which is attached hereto. During the past years, The Aspen Institute has spent considerable funds to implement modifications and changes to its campus. These changes have been extensive. Rooms have been completely renovated, and new rooms have been built. The health club and the restaurant have been renovated. A new parking structure has been built. The utilities and the new road have been installed. The Aspen Institute acquired one of the Trustee Townhomes, which is a priority for the Institute. Every aspect of the application has been completed, except the one small building which has not been built. Given the tremendous outlay of funds, and the major steps that have been taken towards the V CoJr�k_ �H VV 0 V0 0' C' implementailto'n and completion of the overall plan, The Aspen Institute's actions could easily be construed as having vested all its approvals under common law vesting. In order to complete the last phase, the Institute needs to undertake an additional capital fundraiser. The Institute is planning a major three year capital campaign to coincide with its 5O' Anniversary celebration, which will occur this summer. Therefore, we would like to extend the vested rights for an additional three years. I believe this request is justified, given the immense amount of work which has been done towards the implementation of the campus improvements and reliance upon the approvals, the wonderful benefits that the community is beginning to see through the renovation of the campus, the new emphasis on the Aspen Community given John Bennett's new position as Vice -President for Aspen relations, and the fulfillment of the spirit of the approvals that The Aspen Institute has secured. We look forward to discussing this matter with you and the City Council. We hope that the Community Development Department will support our request, in light of the commitment that The Aspen Institute has made to fulfill the spirit and letter of the Agreement with the City of Aspen. Please let me know if we should meet on this request or if you are able to place this on an upcoming agenda. I look forward to hearing from you. Sic rely, �i my rgerum The sp n Institute ice President, Administration and Finance Cc: Elmer Johnson, President Gideon Kaufman Cindy Buniski John Bennett THE ASPEN INSTITUTE Amy L. MARGERUM Senior Vice President, Administration and Finance March 1, 2000 HAND -DELIVERED �ublea4w Ms. Julie Ann Woods, Director Aspen%Pitkin Community Development 130 South Galena Street Aspen, Colorado 81611 Re: The Aspen Institute - Extension of Vested Development Rights for Three Years for Lot 1A of the Aspen Meadows Subdi,: ision Dear Julie Ann: Please consider this letter a request on behalf of The Aspen Institute to extend its vested rights for the Meadows project. As you know, per Ordinance No. 91-14 and the SPA Agreement, The Aspen Institute secured approvals from the City of Aspen for major renovations and additions to its campus at the Meadows. The vested rights period was extended to June 21, 2000, per Ordinance No. 28, a copy of which is attached hereto. 1000 North Third Street During the past years, The Aspen Institute has spent considerable funds to implement modifications and changes to its Aspen, co 81611 campus. These changes have been extensive. Rooms have been completely renovated, and new rooms have been built. The health club PH 970.544.7903 and }he restaurant have been renovated. A new parking structure has Fx 970.544.7908 been built. The utilities and the new road have been installed. The Aspen Institute acquired one of the Trustee Townhomes, which is a amytn®aspeninstitute.org priority for the Institute. www.aspeninstitute.org Every aspect of the application has been completed, except the one small building which has not been built. Given the tremendous ■ outlay of funds, and the major steps that have been taken towards the implementation and completion of the overall plan, The Aspen Institute's actions could easily be construed as having vested all its approvals under common law vesting. In order to complete the last phase, the Institute needs to undertake an additional capital fundraiser. The Institute is planning a major three year capital campaign to coincide with its 50'h Anniversary celebration, which will occur this summer. Therefore, we would like to extend the vested rights for an additional three years. I believe this request is justified , given the immense amount of work which has been done towards the implementation of the campus improvements and reliance upon the approvals, the wonderful benefits that the community is beginning to see through the renovation of the campus, the new emphasis on the Aspen Community given John Bennett's new position as Vice -President for Aspen relations, and the fulfillment of the spirit of the approvals that The Aspen Institute has secured. We look forward to discussing this matter with you and the City Council. We hope that the Community Development Department will support our request, in light of the commitment that The Aspen Institute has made to fulfill the spirit and letter of the Agreement with the City of Aspen. Please let me know if we should meet on this request or if you are able to place this on an upcoming agenda. I look forward to hearing from you. Si c -rely, my rgerum The si n Institute ice President, Administration and Finance Cc: Elmer Johnson, President Gideon Kaufman Cindy Buniski John Bennett COMMUNITY DEVELOPMENT DEPARTM E 130 South Galena Street. Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1 163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection Other Fees: 1006 Copy 1302 GIS Maps 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1164 School District Land Ded. h TOTAL NAME: ADDRESS/PROJECT: PHONE: CHECK# CASE/PERMIT#: DATE: # OF COPIES: INITIAL: CASE NUMBER A026-00 PARCEL ID # 2735-121-29008 CASE NAME Aspen Institute- Extension of Vested Development Rights PROJECT ADDRESS Lot 1A Aspen meadows Subdivision PLANNER Nick Lelack CASE TYPE Extension of Vested Rights OWNER/APPLICANT Aspen Institute C/o Amy Margerum REPRESENTATIVE DATE OF FINAL ACTION 5/22/00 CITY COUNCIL ACTION Reso. 65-2000 PZ ACTION ADMIN ACTION Approved BOA ACTION DATE CLOSED 8/18/00 BY J. Lindt PARCEL IOR2735-121-2900 CASE:_ A026-00 _��LPATE RCVD: 13/6/00 L CASE NAME: Aspen Institute- Extension of Vested Development Rights R:Nick LelackLL� jR, �Lelack S_ PROJ ADDR: Lot 1 A Aspen meadows Subdivision CASE TY4�Extension of Vested Rights 9 5 OWN/APPIAspen Institute ADRrl—O00 N. Third St. CISIZ: lAs:pen/CO/8161 1 k544-7905 REP: ADR: c FEES DUE:F7D-- FEES RCVDrl 110 STAT: _ r REFERRALS MTG DATE REMARKS1 REV REFJ CLOSED: 1 8/18/00 BY: J. Lindt PLAT SUBMITD: I T DATE OF FINAL ACTIO 5122/00 CITY COUNCIL: Reso. 65-2000 PZ: BOA: proved DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. . This Development Order is associated with the property noted below for the site specific development plan as described below. Aspen Institute, 1000 N. Third St., Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number Lot I Aspen Meadows Subdivision Legal Description and Street Address of Subject Property Extension of Vested Rights Written Description of the Site Specific Plan and/or Attachment Describing Plan Resolution 65-2000, 5/22/00 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) June 3, 2000 Effective Date of Development Order (Same as date of publication of notice of approval.) June 4, 2003 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 3rd day of June, 2000, by the City of Aspen Community Dexelopment Director. Ju i''Ann Woods, Community Development Director PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lot IA, Aspen Meadows Subdivision, by Resolution of the City Council numbered 65, series of 2000. For further information contact Julie Ann Woods, at the Aspen/Pitkin Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090. s/City of Aspen Account Publish in The Aspen Times on June 3, 2000 RESOLUTION NO.65 (SERIES OF 2000) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A THREE YEAR EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 14, SERIES OF 1991, AND EXTENDED BY ORDINANCE NO.31, SERIES OF 1994, AND BY ORDINANCE NO.28, SERIES OF 1997, FOR THE DEVELOPMENT APPROVALS ON LOT 1A OF THE ASPEN MEADOWS SPECIALLY PLANNED AREA, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-121-29-008 WHEREAS, the Community Development Department received an application from The Aspen Institute (Applicant), represented by Amy L. Margerum, Senior Vice President, for a three year extension of vested rights for Lot IA of the Aspen Meadows Specially Planned Area; and, WHEREAS, the subject property is located in the Academic and Specially Planned Area Overlay Zone Districts; and, WHEREAS, City Council adopted Ordinance No. 14, Series of 1991, which approved the Aspen Meadows Specially Planned Area Final Development Plan; and, WHEREAS, City Council adopted Ordinance No. 31, Series of 1994, which approved a three year extension to June 21, 1997; and, WHEREAS, City Council adopted Ordinance No. 28, Series of 1997, which approved a three year extension to June 21, 2000; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights for up to three years; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of a three year extension of vested rights for Lot lA finding that the review criteria have been met; and, WHEREAS, the Aspen City Council has reviewed and considered the extension of vested rights for Lot IA under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 The Aspen City Council does hereby approve a three year extension of vested rights as approved by Ordinance No. 14, Series of 1991, and extended by Ordinance No. 28, Series of 1997, and by Ordinance No. 31, Series of 1994, for Lot I of the Aspen Meadows Specially Planned Area, with the following condition: 1. All prior City of Aspen approvals shall remain in full force and effect for The Aspen Meadows SPA. 2. That this newly established expiration date of vested rights of May 22, 2003 shall be granted provided the applicant complies with Section 26.575.150: Outdoor Lighting — Pursuant to Ordinance 99-47 made to the Aspen Land Use Code on November 23, 1999. 3. That any failure to abide by the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Failure to properly record all documents, plats, and agreements required to be recorded by the Municipal Code shall also result in forfeiture of said vested property rights. 4. That nothing in the approvals provided in Ordinance No. 14, Series of 1991 shall exempt the site specific development plan from subsequent reviews and or approvals required by Ordinance No. 14, Series of 1991 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. That the establishment herein of a vested property right shall not preclude the applications 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. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption there from is granted in writing. Section 2• All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3• This Resolution shall not effect 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 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A duly noticed public hearing on this Resolution was held on the 22nd day of May, 2000, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed and approved this 22"d day of May, 2000. Approved as to form: Jo n Worc(�e'"stor, City A rney TOr 7,�, �QrC2 S"rsr Attest: Kathryn S. 16ch, City Clerk Approved as to content: RaJhel Richards, Mayor MEMORANDUM TO: Mayor and City Council THRU: Steve Barwick, City Manager John Worcester, City Attorney Julie Ann Woods, Community Development Directo Joyce Ohlson, Deputy Directorll�w FROM: Nick Lelack, Planner'( -- RE: Aspen Institute - Extension of Vested Rights Public Hearing DATE: May 22, 2000 APPLICANT: The Aspen Institute REPRESENTATIVE: Amy L. Margerum Senior Vice President The Aspen Institute ZONING: Academic Specially Planned Area Overlay LOCATION: Lot 1A, Aspen Meadows Subdivision REVIEW PROCEDURE: Extension of Vested Rights: The City Council may by resolution at a public hearing approve an extension of vested rights. The photo shows the approved location for the undeveloped lodge building. If built, the lodge would be situated in the grassy areas around the trees. The Health Center is located in the background. SUMMARY: The Aspen Institute (Applicant) is requesting a three (3) year extension of its vested rights. Ordinance No. 14, Series of 1991, approved extensive renovations and additions to its campus at the Meadows. Vested rights were extended for the undeveloped lodge building in 1994 and again in 1997. STAFF COMMENTS: The Aspen Institute, ("Applicant"), represented by Amy L. Margerum, Senior Vice President of Administration and Finance, is requesting a third extension of vested rights for three (3) years for the construction of the last lodge building, Building 3. This building was approved as part of the 1991 Aspen Meadows Final Specially Planned Area (SPA) Development Plan. The SPA Plan states that Building 3, located to the southeast of the health center, will consist of 12 lodge rooms. The exhibits show photographs and approved site plans for the location and layout of Building 3. According to the application, the reason for the request is that The Aspen Institute has completed several major projects on the site during the 1990s that required the expenditure of considerable funds, and it must now undertake a capital fundraiser to generate enough money to pay for the last lodge building. Completed projects include the construction of new lodge rooms, a parking structure, as well as the installation of a new road and utilities. In addition, the Institute has completed extensive renovations of existing rooms, the health club, and restaurant. City Council approved vested rights extensions, each for a three-year period, in 1994 and in 1997. Community Development Staff recommends approval of the request finding that the review criteria have been met. Staff also believes that the current Land Use Code is not compromised by the extension of vested rights. RECOMMENDATION: Staff is recommending approval of an extension of vested rights for Building 3, the remaining lodge building, at The Aspen Institute for a period of three years, until May 22, 2003, with the following condition: 1. All prior City of Aspen approvals shall remain in full force and effect for The Aspen Meadows SPA. 2. That this newly established expiration date of vested rights of May 22, 2003 shall be granted provided the applicant complies with all new pertinent amendments made to the Aspen Land Use Code since the issuance of The Aspen Meadows SPA pursuant to Ordinance No.14, Series of 1991 [Section 26.308.010 (C) (2)]. The following code amendment to the Aspen Land Use Code adopted subsequent to The Aspen Meadows SPA's approval on June 10,1991, pursuant to Ordinance No.14, Series of 1991, shall apply: a. Section 26.575.150 Outdoor Lighting - Pursuant to Ordinance 99-47, Changed 11/23/99. 2 3. That any failure to abide by the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Failure to properly record all documents, plats, and agreements required to be recorded by the Municipal Code shall also result in forfeiture of said vested property rights. 4. That nothing in the approvals provided in Ordinance No.14, Series of 1991 shall exempt the site specific development plan from subsequent reviews and or approvals required by Ordinance No.14, Series of 1991 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. That the establishment herein of a vested property right shall not preclude the applications 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. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption there from is granted in writing. RECOMMENDED MOTION: "I move to approve Resolution No. 65, Series of 2000, a three-year extension of vested rights for Building 3, the last remaining lodge building at The Aspen Institute, until May 22, 2003." CITY MANAGER COMMENTS ATTACHMENTS: Exhibit A - Review Criteria and Staff Findings Exhibit B -- Photo of The Aspen Institute Campus Exhibit C - Final SPA Development Plan Exhibit D - Ordinance No.14, Series of 1991 Exhibit E - Ordinance No. 28, Series of 1997 Exhibit F -- Ordinance No. 31, Series of 1994 Exhibit G - Application Letter C:\home\nickl\Active Cases\Aspen Institute\Memo for Public Hearing.doc 3 EXHIBIT A THE ASPEN INSTITUTE: EXTENSION OF VESTED RIGHTS 26.308.010 Vested property rights. Extension or Reinstatement of Vested Rights. In reviewing a request for the extension or reinstatement of vested rights, the City Council shall consider, but not be limited to, the following criteria: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; Staff Finding Staff believes that the applicant has complied with all conditions of approval in The Aspen Meadows Final Specially Planned Area approval as well as in the previous extension of vested rights approvals. Staff recommends a condition of approval for this extension to be that all prior City of Aspen approvals for The Aspen Meadows SPA shall remain in full force and effect, ensuring that any unmet conditions of approval will be complied with. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project; Staff Finding No progress has been made in pursuing the construction of Building 3 to date because The Aspen Institute has focused on completing other approved projects at The Aspen Meadows complex. For example, some other projects have included the construction of new lodge rooms, a parking structure, and the installation of a new road and utilities, as well as extensive renovations of existing rooms, the health club, and restaurant. This summer The Aspen Institute will begin a capital fundraiser to generate enough money to pay for the last lodge building. Staff believes the launching of this fundraiser is an indication that the Institute is committed to completing the project approved in the Final SPA Plan. The nature and extent of any benefits already received by the City as a result of project approval such as impact fees or land dedications; Staff Finding The City has received benefits from The Aspen Institute based on the fulfillment of past conditions of approval, such as the trail along the Roaring Fork River. d. The needs of the City and the applicant that would be served by approval of the extension or reinstatement request. Staff Finding The needs of the City would be served by an extension of the vested rights for the building. The site is flat and the building is designed in a manner that respects existing water features and native vegetation. Extensive improvements to The Aspen Institute campus over the past decade (lodge rooms, restaurant, health club, utilities) have made the conference center more competitive with conference facilities in other communities, thereby attracting more visitors to Aspen. Staff believes extending the vested rights for this building is consistent with the current Land Use Code and Aspen Area Community Plan. E RESOLUTION NO.65 (SERIES OF 2000) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A THREE YEAR EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO.14, SERIES OF 1991, AND EXTENDED BY ORDINANCE NO.31, SERIES OF 1994, AND BY ORDINANCE NO.28, SERIES OF 1997, FOR THE DEVELOPMENT APPROVALS ON LOT 1A OF THE ASPEN MEADOWS SPECIALLY PLANNED AREA, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-121-29-008 WHEREAS, the Community Development Department received an application from The Aspen Institute (Applicant), represented by Amy L. Margerum, Senior Vice President, for a three year extension of vested rights for Lot IA of the Aspen Meadows Specially Planned Area; and, WHEREAS, the subject property is located in the Academic and Specially Planned Area Overlay Zone Districts; and, WHEREAS, City Council adopted Ordinance No. 14, Series of 1991, which approved the Aspen Meadows Specially Planned Area Final Development Plan; and, WHEREAS, City Council adopted Ordinance No. 31, Series of 1994, which approved a three year extension to June 21, 1997; and, WHEREAS, City Council adopted Ordinance No. 28, Series of 1997, which approved a three year extension to June 21, 2000; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights for up to three years; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of a three year extension of vested rights for Lot IA finding that the review criteria have been met; and, WHEREAS, the Aspen City Council has reviewed and considered the extension of vested rights for Lot IA under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: The Aspen City Council does hereby approve a three year extension of vested rights as approved by Ordinance No. 14, Series of 1991, and extended by Ordinance No. 28, Series of 1997, and by Ordinance No. 31, Series of 1994, for Lot lA of the Aspen Meadows Specially Planned Area, with the following condition: 1. All prior City of Aspen approvals shall remain in full force and effect for The Aspen Meadows SPA. 2. That this newly established expiration date of vested rights of May 22, 2003 shall be granted provided the applicant complies with all new pertinent amendments made to the Aspen Land Use Code since the issuance of The Aspen Meadows SPA pursuant to Ordinance No. 14, Series of 1991 [Section 26.308.010 (C) (2)]. The following code amendment to the Aspen Land Use Code adopted subsequent to The Aspen Meadows SPA's approval on June 10, 1991, pursuant to Ordinance No. 14, Series of 1991, shall apply: a. Section 26.575.150 Outdoor Lighting — Pursuant to Ordinance 99-47, Changed 11/23/99. 3. That any failure to abide by the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Failure to properly record all documents, plats, and agreements required to be recorded by the Municipal Code shall also result in forfeiture of said vested property rights. 4. That nothing in the approvals provided in Ordinance No. 14, Series of 1991 shall exempt the site specific development plan from subsequent reviews and or approvals required by Ordinance No. 14, Series of 1991 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. That the establishment herein of a vested property right shall not preclude the applications 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. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption there from is granted in writing. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect 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 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A duly noticed public hearing on this Resolution was held on the 22nd day of May, 2000, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed and approved this 22°d day of May, 2000. Approved as to form: John Worcestor, City Attorney Attest: Kathryn S. Koch, City Clerk Approved as to content: Rachel Richards, Mayor ORDINANCE NO. 14 (Series 1991) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING FINAL APPROVAL OF THE ASPEN MEADOWS SPECIALLY PLANNED AREA (SPA) FINAL DEVELOPMENT PLAN, SUBDIVISION APPROVAL, REZONING AND ZONING MAP AMENDMENTS, RESIDENTIAL GROWTH MANAGEMENT ALLOT- MENT, EXCESS GROWTH MANAGEMENT ALLOTMENT, GROWTH MANAGEMENT EXEMPTION FOR ESSENTIAL PUBLIC FACILITIES, CONDOMINIUMIZATION, AND VESTING OF DEVELOPMENT RIGHTS. WHEREAS, that real property commonly known and referred to as the "Aspen Meadows" has previously been designated a specially planned area (SPA) on the City of Aspen Official Zone District Map; and WHEREAS, a master plan for the Aspen Meadows was adopted as a component of the Aspen Area Comprehensive Plan in September, 19 9 0 ; and WHEREAS, the City has received a comprehensive development plan for the Aspen Meadows known as the Aspen Meadows Final Specially Planned Area (SPA) Development Plan Submission (hereinafter the "Plan"); and WHEREAS, on December 20, 1990, after review and approval and upon recommendation of the Planning Department and the Aspen Planning and Zoning Commission, the Plan received conceptual approval, subject to conditions, by the City Council pursuant to the procedure set forth at Section 24-6-205(A) (8) (b) of the Municipal Code; and WHEREAS, Savanah Limited Partnership, in conjunction with the Aspen Institute for Humanistic Studies (the "Institute"), the Music Associates of Aspen ("MAA"), and the Aspen Center for sics ("Physics"),'hereinafter jointly known as the Developer", submitted an application for a residential Growth f Management Quota System allotment as a component of the Plan on February 15, 1991; and WHEREAS, on March 4, 1991, the Developer submitted to the Planning Department a proposed final SPA development plan for the Aspen Meadows incorporating requests for subdivision approval, text amendments to the municipal land use code, requests for rezoning and zoning map amendments, growth management exemption for essential public facilities, conditional use approvals for attached affordable housing units, and special review approval for parking in an academic (A) zone district; and WHEREAS, the Developer's proposed final SPA development plan has been subjected to review and comments by the Engineering, Water, Parks, and Environmental Health Departments for the City of Aspen, as well as review and comments by the Fire Marshal, Sanitation District and Aspen/Pitkin County Housing Authority; and WHEREAS, the Aspen Planning and zoning Commission has reviewed the Developer's development plan in accordance with those procedures set forth at Section 24-6-205(A)(8)(c) of the Municipal Code and did conduct public hearings thereon on April 2, 9 and 16, 1991; and WHEREAS, upon review and consideration of the Plan, agency and public comment thereon, the review undertaken and comments of _, 2 the Plan as provided by the Historic Preservation Committee relevant to design, and those applicable standards as contained in Chapter 24 of the Municipal Code, to wit, Division 8 of Article 7 (Specially Planned Area), Division to of Article 7 (Subdivision), Divisions 2,3 and 4 of Article 7 (Permitted, Conditional and Special Review Uses, respectively), Division 11 of Article 7 (Text Amendments and Zoning Map Amendments), and Article 8 (Growth Management Quota System), the Planning and Zoning Commission has recommended final approval of the Plan, subject to conditions, to the City Council; and WHEREAS, pursuant to the Growth Management Quota System the Planning and Zoning Commission evaluated and scored the residen- tial component of the Plan, consisting of fourteen (14) units, at 33.85 points, thus, meeting minimum development approval threshold and, additionally, awarded the Plan 1.93 bonus points as allowed under Section 24-8-106(E)(6) of the Municipal Code, thus, giving the Plan a total GMQS score of 35.78 points; and WHEREAS, the Planning and Zoning Commission further granted conditional use approvals for four affordable housing units associated with the residential component of the Plan and special review approval for parking in an academic (A) zone district; and WHEREAS, on April 16, 1991, the Planning and Zoning Commis- sion, after public hearing, incorporated its approvals, condi- tional approvals, and recommendations into Resolution No. 91-10 3 forwarded same to City Council in accordance with Section 24- 6-205(A)(8)(c) of the Municipal Code; and WHEREAS, the City Council finds that the public interest would not be served by affording phased GMQS development allot- ments under the Plan and that an excess GMQS development allot- ment as permitted by Section 24-8-103(B) of the Municipal Code is desirable and warranted; and WHEREAS, the City Council has reviewed and considered the Plan under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommenda- tions and approvals as granted by the Planning and Zoning com- mission and the Historic Preservation Committee, and has taken 3 and considered public comment at public hearing; and WHEREAS, the City Council finds that the Plan rr.eets or exceeds all applicable development standards and that approval of the Plan, with conditions, is consistent with the goals and elements of the Aspen Area Comprehensive Plan and the Aspen Meadows Master Plan; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1 Pursuant to Section 24-7-804B of the Municipal Code, and subject to those conditions of approval as specified hereinafter, 4 the City Council tinas as follows in regard to the Plan's spe- cially planned area development component: 1. The Developer's final plan submission is complete and sufficient to afford review and evaluation for approv- al. 2. The Plan is compatible and enhances the mix of devel- opment in the immediate vicinity of the Aspen Meadows and the proposed land uses as approved hereinbelow are deemed to be appropriate and allowable in their under- lying zone districts as authorized by an SPA overlay. 3. The Plan incorporates and provides sufficient public facilities and roads for the requested development, and provides significant open space, trails and public amenities for the residents and users of the develop- ment. 4. The Aspen Meadows is generally suitable for the requested development in terms of topography and the Plan creatively employs land planning techniques to preserve view planes and avoid adverse environmental impacts. 5. The Plan will not require the expenditure of excessive public funds in order to provide public facilities for the development or its surrounding neighborhoods. 6. The Plan is'consistent with the Aspen Area Comprehen- sive Plan and the Aspen Meadows Master Plan. 7. The Plan demDnstrates good and sufficient cause to remove the SPA designation for that portion of the Aspen Meadows property that is to be conveyed to the City and to adjust the current SPA boundary accord- ingly. Section 2 Pursuant to the findings as set forth in Section 1 above, the City Council grants final SPA development plan approval for the Pla subject to the following conditions: 1. A detailed construction timeline incorporating, a specific construction schedule for the installation of 5 �VCI%P - l the new Meadows Road sha-ruse submitted to and approved by the Planning and Public Works Departments prior to staff approval o:`— he-fina-rplat. Upon completion of the new eadows Road, all construction traffic associ- ated with the development shall use and be rerouted to the new Meadows Road. /2. The applicant shall provide 97 parking spaces at the West Meadows facilities pending construction of the West Meadows parking structure. 3. The Developer shall conduct a review and provide a written report of the development's traffic mitigation plan to the Planning Director on the anniversary date of the final passage of this Ordinance in years 1992, 1994, 1996, 1998 and 2000, and shall continue to con- duct and provide such reviews and reports every two (2)� years thereafter unless deemed unnecessary by the City Council. Such report shall include, but not be limited to, traffic counts on Seventh Street, number of van trips pursuant to the development's traffic mitigation plan, charter vehicle use, passEnger counts and desti- nations arising from the use of the Aspen Meadows 4 facilities. The review and report shall also incorpo- rate data and information from the Roaring Fork Transit Authority (RFTA) illustrating its service to the Aspen Meadows facilities. The City will review the report - and may require modification to the development's traffic mitigation program, including the addition of reasonable new mitigation measures. All modifications of the traffic mitigation plan shall be approved by the Planning and Zoning Commission at a public hearing. 4. The shuttle van system as incorporated into the devel- opment's traffic mitigation plan shall be operated by that company or entity operating the lodge facility. 5. Delivery vehicles and delivery routes serving the restaurant facilities shall be limited to those hours of delivery and routes as delineated in the develop- ment's traffic mitigation plan, except when severe weather or circumstances beyond the control of the lodge/restaurant operator require a deviation there- from. The restaurant/lodge operator shall insure and enforce the delivery hours and routes by contractual obligation with its goods and services providers. 6. The thirteen foot (131) service access/emergency loop drive serving the chalets shall be constructed with an C all weather surface adequate to support fire -fighting apparatus. Such access/emergency loop drive(s) shall be plowed, cleared and maintained to 13' widths at all times of the year and particularly during the winter months. 7. All buildings to be served and accessed from the 13' access/emergency loop drive shall have interior sprin- kling fire protection/suppression systems as approved by the Fire Marshal and such system(s) must be approved prior to the issuance of a building permit. Specific fire h-drant locations for the development lw shall be established and approved in cooperation with �4j,j the Fire Marshal prior to the issuance of a building permit. 9. A detailed tree removal and replacement plan shall be submitted to and approved by the City Parks Department prior to staff approval of the final plat. Such plan shall indicate all trees to be moved or removed, their size, location, species, and time of planting, trans- planting, or removal. All tree replacement shall be on a one-to-one caliper inch basis with minimum size at 1 1/2" caliper. 10. The final plat shall depict all trails dedicated or conveyed to public use and all easements linking off - site trails to the development's trail system. The final plat shall particularly note (1) an easement for a trail link from the racetrack, and (2) the trail between the tennis townhouses and restaurant as depict- -;�� ed on the Master Plan. Exact trail locations must be Ll`�L►�' approved by the Planning Director giving priority to those alignments which minimize damage or disruption to existing vegetation and landscape and which subordinate grade considerations and, thus, minimize switchbacks, to the preservation of existing topography. As -built easements shall be executed and conveyed after trail construction. 11.E/There i shall be no interconnection of non -treated water systems to potable water systems. 12. Pursuant to Section 23-53(g) of the Municipal Code, the Developer shall convey all rights, titles, easements and interests to the Si Johnson Ditch and water right, water wells and appurtenant water rights on the Aspen Meadows property to the City. The City shall, in 7 0 exchange, lease back to Developer, or its successor(s) in interest, raw water from those sources for irriga- tion use within the development in an amount equal to that amount of water reasonably necessary for the efficient irrigation of the lands historically irrigat- ed, not to exceed the amount of water conveyed to the City by the Developer. Developer shall pay to the City its pro rata share of operation, maintenance and repair costs, plus One Hundred Dollars ($100.00) per year. The lease as noted above shall not subordinate the use of the water right to the emergency needs of the City for minimum stream flows, hydroelectric power, or municipal purposes. 13. The Developer shall install at its own cost a water 'distribution system for the development meeting no less than the minimum design, engineering, materials and construction standards of the City for domestic munici- pal and fire protection purposes and shall convey same to the City upon completion, inspection and acceptance by the City. Developer shall also convey to the City a perpetual twenty foot (201) as -built easement extending ten feet (101) from each side of the centerline of all newly constructed water lines, and a construction easement extending an additional five feet (51) on each side of the centerline, along with a similar twenty foot (201) easement and construction easement for the future installation of a connector main to the existing City water main in Black Birch Drive. 14. Drainage design for the development shall not inten- tionally direct run-off into irrigation ditches or ponds. 15. All residential units shall comply with fireplace regulations as contained in the Municipal Code and enforced by the Environmental Health Department. No building permits shall be issued for residential units absent compliance with fireplace regulations. All disputes concerning the application or interpretation of fireplace regulations to the development shall be subject to review and determination by the Clean Air Board. 16. Prior to the issuance of a building permit for each component of the project, a drainage mitigation plan for that component for run-off during construction activity shall be submitted and approved by the Citv Engineer so as to insure against or minimize run-off into Castle Creek and the Roaring Fork River. 8 Prior to the issuance of a building permit for each component of the project, a fugitive dust control plan for that component must be submitted to and approved by the Environmental Health Department and such State agencies as having jurisdiction over same. 18. A fugitive dust plan must be submitted and approved by the Environmental Health Department for the MAA parking lot prior to issuance of a building permit for the MAA rehearsal facility. 19. All energy conservation and efficiency measures as represented by the Developer in its GMQS application regarding insulation, glazing, solar orientation, HVAC, and plumbing fixtures shall be incorporated into all residential units and the design(s) for same must be approved by the City prior to issuance of any building permit for residential construction. These measures shall be further incorporated into deed restrictions and/or covenants for all single family homes and condo- minium declarations. 20. Non-residential construction and facilities shall `' V . utilize state-of-the-art energy conservation and effi- ciency measures as represented by the Developer. Accordingly,`detailed plans submitted for building permits for the lodge structures and the MAA rehearsal hall must be accompanied by the energy information provided to staff in the Appropriate Technologies Associates' letter of May 3, 1991, and the MAA/Rehears- al Hall Energy Conservation Description document sub- mitted to Planning staff on May 20, 1991. The engi- neered thermal envelope calculation will be verified by the Building Department according to the Model Energy Code. 21. The Developer shall pay to the City an affordable housing mitigation impact fee for 16.69 low income employees associated with ten new residential units, seven on Lot 6 and three on Lot 5, in an amount to be calculated pursuant to those fee guidelines in effect at the time the fee is to be paid. The fee shall be paid prior to the issuance of a building -permit for any residential construction and shall be paid in amounts reflecting and corresponding to the number of residen- tial units sought to be permitted at any given time (1.66 per unit). Q7 ✓eloper shall construct replacement and/or additional K dens in a manner and at locations to be selected in a field by the City, in consultation with the Direc- r of the Aspen Center for Environmental Studies, prior to the issuance of any building permits for development under the Plan, or any other demolition or construction within the development area, to wit, the Aspen Meadows. 23. Revegetation of all areas developed pursuant to the Plan shall be implemented in accordance with those guidelines as set forth by Design Workshop in its letter of 3/21/91, which letter is incorporated herein as if fully set forth. All revegetation shall be inspected and monitored by the City to ensure that revegetation efforts and the protection of same are successful. 24. New manicured lawn areas shall be minimized to the maximum extent possible, except in those areas adjacent to the Music Tent, and such areas must be depicted and approved on the final plat. 25. Prior to excavation, temporary construction barricades and or fencing shall be erected within five feet of the building envelopes of the tennis townhomes and trustee townhomes to prevent damage from falling debris to the slope bordering same unless unstable soils dictate alternative locations mutually agreed upon by the owner, the Building Department and the Planning Office. Prior to issuance of building permits for individual buildings, the locations of all fencing and barricades shall be submitted to and approved by the Building Department and the Planning Office. All fencing and barricades shall remain in place throughout the con- struction process. 26. Financial assurances in amounts and in forms acceptable to Developer and City shall be provided by Developer to ensure the satisfactory installation and completion of the new Meadows Road, all utility infrastructure, including water lines, the trail along old Meadows Road, and the parking facility. That portion of the above -referenced financial assurances reasonably found by the Public Works Director to be related to the work for which a permit is sought must be in place prior to issuance of that building permit. RUE The following language shall be included in the SPA/Subdivision Agreement: "Any SPA or Master Plan amendment or future development applications submitted by any non-profit user of the Meadows property (Lots 1, 2, and 3) shall be applied for jointly by all non- profit property owners. This shall supersede prior requirements requiring SPA submittal approval by all property owners. Similarly any SPA Amendment proposed to be submitted by any residential owner or association thereof shall require, in addition to the consent of the association of owners of the residential component involved, the approval of the resident non -profits of the SPA." 28. Public pedestrian access, excluding access to build- ings, will continue to be allowed at reasonable hours throughout the entire academic (A), open space (OS), and wildlife preservation (WP) zone district areas of the Aspen Meadows development, subject to reasonable regulations as established by the owners thereof in order to protect their property, as well as the academ- ic privacy and serenity of the campus, its programs and the health and safety of other users and visitors. 29. The MAA parking lot shall be plowed and kept clear of snow during all wintertime performances or functions at MAA facilities. 30. Pursuant to Section 24-7-804(D)(4) of the Municipal Code, the final plat, which shall, at a minimum, con- sist of final drawings depicting the site plan, land- scape plan, utility plan and building elevations, and a specially planned area (SPA) agreement, shall be re- corded in the office of the Pitkin County Clerk and Recorder and shall be binding upon the property owners subject to the development plan, their successors and assigns, and shall constitute the development regula- tions for the property. Development of the property shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the final development plan, and in this ordinance and the SPA agreement. Failure on the part of the Developer to record the final development plan, plat, and SPA agree- ment within a period of 180 days following the adoption date of this Ordinance shall render the development plan and plat'in valid. If the 180 days lapse, recon- sideration of the final development plan, plat and SPA agreement by the Planning and Zoning Commission and 11 City Council will be required before its acceptance and recording. Section 3 Pursuant to and by reason of the findings and conditions of approval as set forth above in Sections 1 and 2, specially planned area (SPA) designation for the portion of the Aspen Meadows property to be conveyed to the City is hereby removed and the City's official Zone District Map shall be amended to reflect such removal. Section 4 Pursuant to Section 24-7-1004C of the Municipal Code, and subject to those conditions of approval as specified hereinafter, the City Council finds as follows in regard to the Plan's subdi- vision development component: 1. The proposed subdivision is consistent with both the Aspen Area Comprehensive Plan and Aspen Mead- ows Master Plan and is, furthermore, consistent with the character of existing land uses in the adjoining areas. 2. The proposed subdivision will not adversely affect the future development of surrounding areas and will be in substantial compliance with all re- quirements of Chapter 24 of the Municipal Code. 3. The proposed subdivision is compatible and suit- able with the topography of the area and will not present or create a threat to the health, safety or welfare of the residents or neighbors of the subdivision. 4. The proposed subdivision does not create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities or unnec- essary public costs. 12 The proposed new Meadows Road has the primary function of providing access to abutting property and will not carry through traffic, thus, warranting its designation as "local street". Section 5 Pursuant to the findings as set forth in Section 4 above, the City Council grants final subdivision approval for the Plan subject to the following conditions: 1. The new Meadows Road shall be dedicated as a pub- - lic street from its intersection with Seventh Street and North Street to the south boundary of Lot 6. Right-of-way width, grades and intersection design shall be subject to inspection and approval by the City Engineer prior to staff approval of the final plat. 2. Irrevocable legal access to the new Meadows Road F must be provided where necessary to all existing and future properties abutting that portion of the old Meadows Road that may be vacated and all ease- ments for such access shall be depicted on the final plat. 3. All property exchanges between the Savanah Limited Partnership, the Institute, the MAA, and Physics shall be effectuated simultaneously with the re- cording of the final plat. 4. All sanitary sewer improvements as installed in the development area shall be inspected and ap- proved to the satisfaction of the Aspen Sanitation District. 5. Complete and detailed utility plans, i.e., elec- tric, gas, cable T.V., and telephone, shall be provided to and approved by the Planning Director and City Engineer at or prior to submission for recording of the final plat. Additionally, all utilities shall approve utility design and loca- tion prior to staff approval of the subdivision agreement and final plat. 13 The final plat shall accurately reflect all under- ground utility installations, particularly those along roadways, trailways and cultivated landscap- ed areas. 7. Utility facility installations shall be restricted to roadway, trailway and cultivated landscaped corridors wherever possible. If utility facility installations must occur outside of these areas, such alternate utility corridors shall be fenced or barricaded to the narrowest width possible so as to minimize vegetation disturbance or destruc- tion from construction activities and machinery. _ All utility location corridors shall be inspected and approved by the City Engineer and Planning Director prior to the issuance of any excavation permit. S. Vegetation replacement necessitated by utility installation shall utilize the same plant species as the species of vegetation disturbed or damaged. 9. All ditches, swales, intermediary ponds and detention areas shall be subject to appropriate easements for access and maintenance purposes and be depicted on the final plat. 10. The Developer shall provide a digitized copy of the subdivision plat prior to recordation o- the mylar copies. 11. Trench box construction methods shall be utilized for utility installations whenever possible so as to minimize site disturbance. 12. The Castle Creek sanitary trunkline shall be lined unless deemed otherwise by the Aspen Sanitation District. If sections of the trunkline must be replaced, such replacement locations shall be identified to the City Engineer and Planning De- partment and the least disruptive methods shall be identified and employed. 13. Detailed design drawings for the new Meadows Road and Seventh Street and Eighth Street intersections shall be provided to and approved by the City Engineer prior to staff approval of the final plat. All design drawings 14 I shall be prepared by a professional engineer registered in the State of Colorado. 14. The speed limit for the new Meadows Road shall be reduced to a speed below thirty (30) miles per hour as determined by the City Engineer. 15. The existing old Meadows Road shall be converted to a pedestrian trial/bikeway with ownership thereto to remain in the City. 16. Pursuant to Section 24-7-1005E of the Municipal Code, the final subdivision plat and subdivision agreement shall be recorded in the office of the Pitkin County Clerk and Recorder within 180 days following the adop- tion date of this Ordinance. Failure to record the final plat and subdivision agreement within the 180 day time period shall render the subdivision approvals granted herein invalid. If the 180 days lapse, recon- sideration of the subdivision and subdivision agreement by the Planning and Zoning Commission and City Council will be required before acceptance and recording. Section 6 Pursuant to Section 24-8-106 of the Municipal Code, the City Council finds as follows in regard to the Plan's residential Growth Management Quota System allotment component: 1. The Planning and Zoning Commission has forwarded to City Council a residential development total score of 35.78 for the residential component of the Plan, such score exceeding the minimum scoring threshold. 2. The residential development component of the Plan was the only development project submitted to the Planning and Zoning Commission for 1990 residen- tial GMQS allotments. 3. The GMQS residential scoring considered and reflected the waiver of the six-month minimum lease requirement as set forth in the applicable condominiumization regulations. 15 11 5 A multi -year or phased development allotment would not serve the best interests of the Plan or the general public. Section 24-8-103B of the Municipal Code permits the awarding of development allotments in excess of the maximum allotment level in any given year. 6. The Plan as presented by the Developer warrants an excess development allotment and the Planning Office has indicated excess development allotments are available. 7. No challenges to the Planning and Zoning Commis- sion's scoring or ranking of the Plan's residen- tial development component have been submitted as permitted by Section 24-8-106I of the Municipal Code. Section 7 Pursuant to the findings as set forth in Section 6 above and in accordance with Section 24-8-106J of the Municipal Code, the City Council awards and grants the Developer six (6) residential development allotments from the GMQS allotment pool for 1990, and eight (6) excess residential development allotments to be off -set in future years in accordance with Section 24-8-103B of the Municipal Code. In accordance with Section 24-8-108(A)(1) of the Municipal Code, Developer, or its successor in interest, shall be eligible for exemption from the expiration of the GMQS allotments for residential Lots 7, 8, 9 and 10 herein awarded upon proper demonstration that those conditions of final approval and the public improvements associated with Lots 7, 8, 9 and 10 have been satisfactorily completed. F1 Section 8 Pursuant to Section 24-8-104(C)(1)(b), as amended per % Ordinance No. 13, (Series of 1991), of the Municipal Code, the f City Council finds as follows in regard to the Developer's request for Growth Management Quota System development exemption for essential public facilities: 1. The Institute's proposed development of new lodge units, expansion of the existing health club, expansion of the restaurant, and expansion of the tennis shop, including rest rooms, is essential for the revitalization of the Aspen Meadows prop- erty. 2. The MAA's proposed expansion of the Music Tent, the addition of a year-round rehearsal/performance hall, and expansion of the Music Tent gift shop, is essential for the revitalization of the Aspen f.... Meadows property. 3. The programs and activities sponsored and or host- ed by the Institute and the MAA at the Aspen Meadows facilities have historically provided intellectual and cultural enrichment to the citi- zens of the City of Aspen without which the City would not have attained its present character and standing in the national and international commu- nity. Furthermore, the Aspen Meadows facilities, and those of the Institute and MAA in particular, have served and continue to serve important commu- nity needs and proposed expansions of same will only enhance their value and accessibility to the citizens of the City of Aspen and the general public. 4. The Institute's and MAA's proposed development involves essential public facilities, will enhance existing essential public facilities, and is not - for -profit in nature. 17 Section 9 Pursuant to Section 24-8-104 (C) (1) (b) , as amended per / Ordinance No. 13 (Series of 1991), of the Municipal Code, and the findings as set forth in Section 8 above, the City Council awards and grants Growth Management Quota System development exemptions from competition and affordable housing impact mitigation for the following Plan development on the basis that such development is for essential public facilities: 1. Fifty (50) new lodge units of 42,410 square feet, (Aspen Institute). 2. Health club expansion of 1,800 square feet, (Aspen Institute). 3. Restaurant expansion of 2,000 square feet, (Aspen Institute). 4. Tennis shop expansion, including rest rooms, of 980 square feet, (Aspen Institute). 5. Music Tent backstage expansion of 1,500 square feet, (MAA). 6. The new rehearsal/performance hall of 11,000 square feet, (MAA). 7. Music Tent gift shop expansion of 100 square feet, (MAA) . Section 10 Pursuant to Section 24-7-1102 of the Municipal Code, the City Council finds as follows in regard to the zoning map amend- ments component of the Plan: 1. The proposed zoning amendments as set forth in the Plan are not in conflict with the provisions of Chapter 24 of the Municipal Code, the Aspen Area 18 Comprehensive Plan or the Aspen Meadows Master Plan. The proposed zoning amendments are compatible with surrounding zone districts and land uses. The proposed zoning amendments will not adversely impact traffic generation or road safety when taken into consideration with the other aspects of the Plan. 4. The proposed zoning amendments will not adversely impact demand for public facilities or services _ nor adversely affect the environment. 5. The proposed zoning amendments will promote the public interest and character of the City of As- pen. Section 11 Pursuant to Sections 24-7-1102 and 24-7-1103, and Division 2 r: '.- of Article 5 of Chapter 24, as amended per Ordinance No. 13 (Series of 1991), of the Municipal Code, and the findings set forth in Section 10 above, the City Council does grant the following amendments to the Official Zone District Map and does designate the following zone districts for the development subject to the conditions as specified below: 1. R-MF (Residential Multi -Family) shall be applied to Lots 5 and 6 (townhomes). 2. R-15 (Moderate -Density Residential) shall be ap- plied to Lots 7, 8, 9 and 10 (single family lots). 3. WP (Wildlife Preservation) shall be applied to the 25 acres, more or less, of land conveyed to the City of Aspen (Lot 4)and to the racetrack area of the Aspen Meadows property as depicted in the final SPA development plan submittal. 19 OS (Open Space) shall be applied to Anderson Park, the Marble Garden, and the Tent Meadow as depicted in the final SPA development plan submittal. A (Academic) shall be applied to Lots 1, 2 and 3 within the Aspen Meadows owned by the Institute, MAA, and Physics, except where other zone dis- tricts have been designated as hereinabove provid- ed. 6. The zoning designations as specified in paragraphs 1 through 5 above are contingent upon the Develop- er providing precise survey boundaries of the zone - districts prior to staff approval of the final plat. 7. Pending such time as the boundaries for the zone districts as described above are finalized and accepted, or no longer than six (6) months, which- ever period is shorter, no building permit shall be issued by the Chief Building Official for any development in the Aspen Meadows which would be prohibited by the zoning districts herein desig- nated and authorized. Section 12 Pursuant to Sections 24-7-804B and D(2) of the Municipal Code, the City Council finds as follows in regard to the Developer's requests for variations from subdivision and subdivi- sion improvement requirements, easement and utility requirements, design standards for streets and related improvements, and zone district dimensional and minimum lease requirements: 1. The proposed variations are compatible with exist- ing development and land uses in the area and surrounding neighborhoods and are not in conflict with the provisions or goals of the Aspen Meadows Master Plan. 2. The proposed variations will not adversely impact public facilities or public safety. 20 action 13 Lrsuant to the findings as set forth in Section 12 above accordance with Section 24-7-804D(2), as amended per .,..��..-.ice No. III(Series of 1991) , of the Municipal Code, the City Council grants the following variations from subdivision development standards and zone district dimensional and minimum lease requirements as set forth in the Plan: 1. Curbs, gutters and sidewalks need not be provide:: within the development. 2. Alleys, paved or unpaved, do not need to be pro- vided. 3. Traffic control signs shall be installed at the intersection of the new Meadows Road and Seventh f and Eighth Streets, but no traffic signals need be provided. Speed zones shall be signed as deter- mined by the City Engineer. 4. If determined to be necessary by the City Engi- neer, street lights need only be provided at the intersections of the new Meadows Road and Seventh and Eighth Streets. Ornamental street lights are desirable. 5. No street bridges need be provided. Culverts to accommodate irrigation ditches and drainage shall be installed. 6. Street right-of-way regarding new Meadows Road shall only be dedicated at lengths and widths as determined to be necessary by the City Engineer. 7. The minimum centerline curve radius for new Meadows Road may be reduced to 65 feet at and or near the intersection of Eighth Street, and right- of-way widths may be reduced to 40 feet. Maximum grade may be increased not to exceed 8%. All di- mensions shall be specified and confirmed on the final plat. 8. No street -end dedications need be provided. 21 Cul-de-sac dimensions for Meadows Road may be increased to a maximum length of 2,000 feet with a turnaround diameter at the administration building of approximately 50 feet. 10. The new road alignment for Meadows Road shall remain "Meadows Road" in name. 11. Street trees lining new Meadows Road shall consist of cottonwoods of 2 inch caliper spaced every 30 feet along the east boundary beginning at the intersection of Eighth Street and extending north to the tennis courts. 12. Fire lane and emergency vehicle access ease- ments may be reduced in width upon approval of the Fire Marshal. 13. Utility easement dimensional and location requirements on lots other than those associ- ates with the single family lots may be re- duced or modified upon the approval of the City Engineer and easements need not be pro- vided in the absence of actual utility in- stallations. All proposed utility easements should be reflected on the final plat. 14. Fire hydrants shall and need only be situated within 350 feet of all structures. 15. The six (6) month minimum lease requirement for condominium units as contained at Section 24-7-1007 (A)(1)(b)(1) of the Municipal Code is waived as to the condominium units as depicted in the Plan. 16. A dimensional height variation for the center portion of the Tennis Townhomes is allowed for up to 3 feet. 17. A dimensional height variation for the north- ernmost Trustee House is allowed for up to 8 feet. 18. Minimum R-15 zone district lot size per dwelling is reduced to 12,000 square feet for Lots 7, 8, 9 and 10. 22 Minimum R-15 zone district side yard setback requirements are reduced to zero (0) feet for the west side of Lot 7 and the east side of Lot 10. Minimum RMF zone district front yard setback require- ments for accessory buildings may be reduced to zero (0) feet for Lots 5 and 6. 21. Minimum RMF zone district open space requirements are waived for Lots 5 and 6 in consideration of the open space otherwise provided in the SPA development plan. Section 14 Pursuant to Section 24-7-1007 B of the Municipal Code, the City Council finds as follows in regard to the Plan's condo- miniumization component: 1. The 8 existing and 3 proposed Trustee Houses (Lot 5) and 7 proposed townhomes (Lot 6) to be condominiumized are not presently leased on a long term basis. 2. A variation in the six (6) month minimum lease requirement is warranted and has been authorized pursuant to Section 13 above. 3. The proposed condominiumization will not adversely impact the availability of afford- able housing. Section 15 Pursuant to the findings set forth in Section 14 above, and in accordance with Section 24-7-1007 of the Municipal Code, the City Council grants and awards condominiumization approval for the Plan as follows, subject to the conditions as specified herein: 1. For eight (8) existing and three (3) proposed Trustees Houses (Lot 5). ! 23 r seven (7) proposed townhomes (Lot 6). ndominiumization as awarded in this Section contingent upon the payment of an afford - le housing impact fee of $64,240.00, which e shall be paid to the City Finance Direc- r prior to recordation of as -built condo- minium plats and declarations. Section 16 All material representations and commitments made by the Developer pursuant to the Plan approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, Historic Preservation Committee and or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific condi- tions. Section 17 The Official Zone District Map for the City of Aspen, Colorado, shall be and is hereby amended to reflect those zoning and rezonings actions as set forth in Section 11 above and such amendments shall be promptly entered on the Official Map in accordance with Section 24-5-103B of the Municipal Code. Section 18 Any development or proposed development in the Aspen Meadows not vested in accordance with law prior to the effective date of this ordinance shall comply with the terms and provisions of the 24 zone districts and conditions of Ordinance. Section 19 development adopted pursuant to Pursuant to Section 24-6-207 of the Municipal Code, City Council does hereby grant Developer vested rights in the Plan as follows: 1. The rights granted in the site specific de- velopment plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested rights. Failure to timely and properly re- cord all plats and agreements as specified herein and or in the Municipal Code shall also result in the forfeiture of vested rights. S 2. The approvals as granted herein are subject to all rights of referendum and judicial review. 3. 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 ap- provals are not inconsistent with the approv- als granted and vested herein. 4. 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, build- ing, fire, plumbing, electrical and mechani- cal 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 25 codes, unless an exemption therefrom is granted in writing. on 20 ity 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 adop- tion hereof. Such notice shall be given in the following farm: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following -described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 21 The City Clerk is further directed to record a copy of this Ordinance in a timely manner after its final adoption with the Pitkin County Clerk and Recorder. Section 22 This Ordinance shall not effect 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. M Section 23 If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 24 Public hearing(s) on the Ordinance shall be held on the l 3 day of %%� , 1991, in the City Council Cham- bers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the c>�r 9 day of 1991. William L. Stirling, Mayor .AT EST: Kathryn S{/Kcch, City Clerk F111ALLy ADOPTED; passed and approved this 6�' ay of 1991. William L. Stirling, Mayor 27 28 ORDINANCE A,0 (SERIES OF 1997) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVL NG A THREE YEAR EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO.14, SERIFS OF 1991, AND M ENDED BY ORDINANCE NO. 31, M OF 1994 FOR THE -DEVELOPMENT APPROVALS ON LOB' 1A OF TEE ASPEN IMEADOWS SPECIALLY PLANNED AREA, CITY OF ASPEN, Pr1KINN COUNTY, COLORADO. pursuant to Section 26,52.080 of the Aspen Municipal Code, City Council may grant an extension of vested rights up to th= years for developments other than, detached 41WMMEAS, orJune 10, 1991, City Council adopted Ordi.naace No. 14, Series of 1991, 1 which approved the Aspen Meadows Specially Planned Area Final Development Plan; and WEMULk.S, the vested rights expire on the day after the Third anniversary of the date the development approvals have been awarded; and rights to I= 21, 1997; and WHEREAS, the applicant; the Aspen Institute has requested a three year extension of vested rights for Lot lA; and ` :1 � r - • ■ 1■ . 1) - . • .1 ... � ' • .I IIr :11 1 . • • _ _.. 1 .. • .Ir .11 recommeads approval of a tbxw year extension of vested rights for Lot 1A fording that the development involves an emseatial public amity and that completion of the project is in the best interests of the City; and Ordinance No. 26, Series of 1996 Page 2 NOW, THEREFORE, BE IT ORDA1NM BY THE CITY COL OF THE CITY OF ASPEN, COLORADO: Pursuant to Section 26-52.080 of the Aspen Municipal Code, City Council does hereby approve a tbree year extension of vested rights as approved by Ordinance 14, Series of 1991, and extended by Ordinances 31, Series of 1994, for Lot 1A of the Aspen Meadows Specially Planned area. - Section 2: The City Clem shall cause notice of this Ordinance to be published in a newspaper of general Circulation within the City of Aspen no later than fourteen (14) days following final adoption hereof. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. 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 vimLe of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. A public heanng on the Ordinance shall be held on the 1 lth day of August, 1997 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. . C " r Ordinance No. 26, Series of 1996 Page 3 INTRODUCED, READ AND ORDERED PUBUSHED as provided by law, by the City Council of the City of Aspen on the 14th day of July,1997. John Aijimett, Mayor A=I ST: Kathryn &JW4 City Clerk FLNALLY, adopted, passed and approved this IL day of Auger 1997. John Rennett, Mayor 1 MEMORANDUM TO: City of Aspen FROM: The Asperi Institute DATE: March 7, 2000 RE: The Aspen Institute Please apply this check as the deposi` for The Aspen Institute's Vested Rights Extension Application. Thank you for your consideration. ORDINANCE N0.31 (SERIES OF 1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, EXTENDING THE VESTED DEVELOPMENT RIGHTS FOR THREE YEARS FOR THE ASPEN INSTITUTE AT LOT 1-A OF THE ASPEN MEADOWS SUBDIVISION WHEREAS, the Aspen City Council adopted Ordinance No.14, Series of 1991 for the approval the Aspen Institute's development of 50 new lodge rooms, a parking garage, renovation and expansion of the health club, and renovation of the restaurant building by approval of the Aspen Meadows Final SPA Development Plan ("Plan"); and WHEREAS, Vested Rights for the Aspen Meadows was also granted within the Plan for a period of three years, effective through June 21, 1994; and WHEREAS, the Aspen Institute has completed over 90% of the projects approved by Ordinance No.14, but were unable to complete lodge building number 3 to contain twelve lodge rooms prior to the expiration of vested rights due to fund raising constraints; and WHEREAS, the Aspen Institute submitted a request to the Planning Office on April 26, 1994, for an additional three years of vested rights to extend from June 21, 1994, to June 21, 1997, for the remaining development of lodge building number 3; and WHEREAS, Section 24-6-207 of the Aspen Municipal Code was adopted to provide the necessary procedures to implement the provisions of Article 68 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. 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby extend Vested Rights for the Aspen Institute granted by the site specific development plans approved for the Aspen Meadows SPA Final Development Plan, established by Ordinance No.14, Series of 1991, for a period of three (3) years from June 21, 1994 to June 21, 1997, subject to the condition set forth at Section 2 below. Failure to abide by any of the terms and conditions in Section 2 within 45 days or the conditions attendant to the original approvals shall result in the forfeiture of said vested property rights. Failure to properly record all plats and agreements required to be recorded by the Land Use Code shall also result in the forfeiture of said vested property rights. Section 2: That the establishment 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 applicant shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 3: 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 4: A public hearing on the Ordinance shall be held on the 01 day of 1 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 circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of 1994. 1� JohA Bennett, Mayor - A ST: Kathryn a. och, City Clerk FINALLY, adopted, passed and approved this , 1994. 1_11%t day of John Bennett, Mayor ATTE T: Kathryn S och, City Cler 3 Vy R k 2 IT' Cs - THE ASPEN INSTITUTE Amy L. MARGERUM Senior Vice President, Administration and Finance March 1, 2000 HAND -DELIVERED Ms. Julie Ann Woods, Director Aspen/Pitkin Community Development 130 South Galena Street Aspen, Colorado 81611 Re: The Aspen Institute - Extension of Vested Development Rights for Three Years for Lot 1A of the Aspen Meadows Subdivision Dear Julie Ann: Please consider this letter a request on behalf of The Aspen /a _ Institute to extend its vested rights for the Meadows project. As you know, per Ordinance No. 91-14 and the SPA Agreement, The Aspen Institute secured approvals from the City of Aspen for major renovations and additions to its campus at the Meadows. The vested rights period was extended to June 21, 2000, per Ordinance No. 28, a copy of which is attached hereto. 1000 North Third Street During the past years, The Aspen Institute has spent considerable funds to implement modifications and changes to its Aspen, co 81611 campus. These changes have been extensive. Rooms have been completely renovated, and new rooms have been built. The health club PH 970.544.7905 and the restaurant have been renovated. A new parking structure has FX 970.544.7908 been built. The utilities and the new road have been installed. The Aspen Institute acquired one of the Trustee Townhomes, which is a amym@aspeninstitute.org priority for the Institute. www.aspeninstitute.org Every aspect of the application has been completed, except the one small building which has not been built. Given the tremendous ■ outlay of funds, and the major steps that have been taken towards the implementation and completion of the overall plan, The Aspen Institute's actions could easily be construed as having vested all its approvals under common law vesting. In order to complete the last phase, the Institute needs to undertake an additional capital fundraiser. The Institute is planning a major three year capital campaign to coincide with its 50`h Anniversary celebration, which will occur this summer. Therefore, we would like to extend the vested rights for an additional three years. I believe this request is justified, given the immense amount of work which has been done towards the implementation of the campus improvements and reliance upon the approvals, the wonderful benefits that the community is beginning to see through the renovation of the campus, the new emphasis on the Aspen Community given John Bennett's new position as Vice -President for Aspen relations, and the fulfillment of the spirit of the approvals that The Aspen Institute has secured. We look forward to discussing this matter with you and the City Council. We hope that the Community Development Department will support our request, in light of the commitment that The Aspen Institute has made to fulfill the spirit and letter of the Agreement with the City of Aspen. Please let me know if we should meet on this request or if you are able to place this on an upcoming agenda. I look forward to hearing from you. i elY, The Xsikn Institute ice President, Administration and Finance Cc: Elmer Johnson, President Gideon Kaufman Cindy Buniski John Bennett