HomeMy WebLinkAboutcoa.lu.gm.Lot1A-AspenMeadowsSubd.A026-00
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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
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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
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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 26308.010, "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 lA 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
De elopment Director.
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 lA, Aspen Meadows Subdivision, by Resolution of
the City Council numbered 65, series of2000.
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 lA 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 1. Margerum, Senior Vice President,
for a three year extension of vested rights for Lot lA 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 1A 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 lA 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 fmds that the extension ofvested 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 fmds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
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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 IA 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 developtnent 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, c1ause,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 22nd day of May, 2000.
Approved as to form:
Approved as to content:
Jo n Worcestor, City A
-For -::ro~n
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Attest:
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Kathryn S. 'ieoch, City Clerk ) ~
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MEMORANDUM
Mayor and City Council
Steve Barwick, City Manager 0/
John Worcester, City Attorney
Julie Ann Woods, Community Development Directo
Joyce Ohlson, Deputy Director...JAO
Nick Lelack, Planner~
Aspen Institute - Extension of Vested Rights
Public Hearing
THRU:
FROM:
RE:
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 lA, 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.
1
STAFF COMMENTS:
The Aspen Institute, (" Applicant"), represented by Amy 1. 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 establislunent 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 Instihlte\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.
c. 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.
4
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.
5
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 lA 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 1. Margerum, Senior Vice President,
for a three year extension of vested rights for Lot lA 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 1 A 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 lA 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 ofvested 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 11123/99.
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 22nd day of May, 2000.
Approved as to form:
Approved as to content:
John Worcestor, City Attorney
RacheIFtichards,~ayor
Attest:
Kathryn S. Koch, City Clerk
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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 ESSENT~ALPUBLIC 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,
1990; 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-S-205(A) (8) (b) of the
Municipal Code; and
WHEREAS, Savanah ~~m~ted Partnership, in conjunction with
the Aspen Institute for Humanistic Studies (the "Institute"), the
Music Associates of Aspen ("MAA"), and the Aspen Center for
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sics ("Physics") ,'hereinafter jointly known as the
Developer", submitted an application for a residential Growth
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
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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
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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 10 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
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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-l06(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
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d 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 all9t-
.
ment as permitted by section 24-8-l03(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
and considered public comment at public hearing; and
WHEREAS, the city Council finds that the Plan meets 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
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the city council finds 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-
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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.
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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 dem~nstrates 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?;l . subject to the following conditions:
'1. ) A detailed construction timeline incorporating a
specific construction schedule for the installation of
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the new Meadows Roa~hall b~ ~~ted to and approved
by the Planning and Public Works_Qepartments prior to
staff approval o~he~~~~~~~_ Upon completion of
~he new Meatr6ws-.RClad~ all construction traffic associ-
ated with the development shall use and be rerouted to
the new Meadows Road.
The applicant shall provide 97 parking spaces at the
West Meadows facilities pending construction of the
West Meadows parking structure.
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
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.-J
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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.
The thirteen foot (13') service access/emergency loop
drive serving the chalets shall be constructed with an
6.
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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 hydrant. locations for the development
shall be established and approved in cooperation -with
the Fire Marshal prior to the issuance of a building
permit.
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.
9.
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
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.~There shall be no interconnection of non-treated water
systems to potable water systems.
12.JPursuant t~ Section 23-S3(g) of the Municipal Code, the
Developer shall convey all rights, titles, easements
r - \. and interests to the Si Johnson Ditch and water right,
hv~ IV water wells and appurtenant water rights on the Aspen
) ~~t,r~~~S,<;roperty to th: city. The city ehall, in
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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.
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,~he Developer shall ~nstall at ~ts 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 (20') as-built easement extending
ten feet (10') from each side of the centerline of all
newly constructed water lines, and a construction
easement extending an additional five feet (5') on each
side of the centerline, along with a similar twenty
foot (20') 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.
13.
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16.
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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.
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 City
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
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.
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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).
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Developer shall construct replacement and/or additional
fox dens in a manner and at locations to be selected in
the field by the City, in consultation with the Direc-
tor 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.
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27. 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 faci1iti~s.
30.
Pursuant to section 24-7-S04(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 for~h 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 ISO 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,
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the city council finds as follows in regard to the Plan's subdi-
vision development component:
1.
2.
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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.
3 .
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.
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 r~sidents 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.
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5. The proposed new Meadows Road has the primary function
of providing access to abutting property and will not
carr.y 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- -
1ic 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.
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5.
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2.
Irrevocable legal access to the new Meadows Road
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.
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.
3.
All sanitary sewer improvements as installed in
the development area shall be inspected and ap-
proved to the satisfaction of the Aspen Sanitation
District.
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.
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The final plat shall accurately reflect all under-
ground utility installations, particularly those
along roadways, trailways and cultivatedlandscap-
ed areas.
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.
Vegetation replacement necessitated by utility
installation shall utilize the same plant species
as the species of vegetation disturbed or damaged.
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 of the mylar
copies.
9.
11.
12.
13.
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Trench box construction methods shall be utilized
for utility installations whenever possible so as
to minimize site disturbance.
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.
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
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shall be prepared by a professional engineer registered
in the state of Colorado.
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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-l005E 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 subdivis~on and subdivision agreement
by the Planning and Zoning Commission and city Council
will be required before acceptance and recording.
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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.
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4.
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A mUlti-year or phased development allotment would not
serve the best interests of the Plan or the general
public.
Section 24-8-l03B 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.
5.
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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
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in accordance with Section 24-8-l06J 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 (8) excess residential development allotments to be off-set
in future years in accordance with Section 24-8-l03B 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.
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Section a
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Pursuant .to section 24-a-104(C) (l)(b), as amended per
Ordinance No. 13, (Series of 1991), of the Municipal Code, the
City Council finds as follows in regard to the Developer's
request for Growth Management Quota System development exemption
for essential public facilities:
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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
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.
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17
Section 9
,
,
Pursuant to Section 24-S-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 S 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:
~~ Fifty (50) new lodge units of 42,410 square feet,
(Aspen Institute).
2. Health club expansion of l,SOO square feet, (Aspen
Institute).
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3.
Restaurant expansion of 2,000 square feet, (Aspen
Institute) .
4. Tennis shop expansion, including rest rooms, of
9S0 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 girt 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
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Comprehensive Plan or the Aspen Meadows Master
Plan.
2.
The proposed zoning amendments are compatible with
surrounding zone districts and land uses.
3.
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
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).
R-15 (Moderate-Density Residential) shall be ap-
plied to Lots 7, 8, 9 and 10 (single family lots).
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.
2.
3.
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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 I, 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.
5.
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 di,tricts 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.
2.
)
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.
The proposed variations will not adversely impact
public facilities or public safety.
20
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Pursuant to the findings as set forth in Section 12 above
and in accordance with Section 24-7-804D(2), as amended per
Ordinance No. 13 (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 provided
within the development.
2. Alleys, paved or unpaved, do not need to be pro-
vided.
Traffic control signs shall be installed at the
intersection of the new Meadows Road and Seventh
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.
3 .
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.
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8.
No street-end dedications need be provided.
21
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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.
9 .
,
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.
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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 t~e 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.
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19. 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.
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20. 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.
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2. A variation in the six (6) month m~n~mum
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).
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For seven (7) proposed townhomes (Lot 6).
3 .
Condominiumization as awarded in this Section
is contingent upon the payment of an afford-
able housing impact fee of $64,240.00, which
fee shall be paid to the city Finance Direc-
tor 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
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fully set forth herein, unless amended by other specific condi-
tions.
Section 17
"i'
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
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this Ordinance.
development adopted pursuant to
section 19
Council does hereby grant Developer vested rights in the Plan as
Pursuant to Section 24-6-207 of the Municipal Code, city
follows:
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4.
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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.
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.
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
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codes, unless an exemption therefrom is
granted in writing.
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Section 20
The city Clerk shall cause notice of this Ordinance to be
published in a newspaper of general circulation within the city
of Aspen no later than ,fourteen (14) days following final adop-
tion hereof. Such notice shall be given in the following form:
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
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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.
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26
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Section 23
",1
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 /"St4c--
day of 7117 ' 1991, in the city Council Cham-
bers, Aspen city Hall, Aspen, Colorado.
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INTRODUCED,
the City Council
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READ AND ORDERED PUBLISHED as provided by law by
of the City of Aspen on the c:::t9 day of
, 1991.
~./~
William L. stirling, Mayor
.ATTESlJ.' :
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, 1991.
~.~~
William L. Stirling, Mayor
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27
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ORDINANa:i$
(SERIES OF 1997)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A THREE YEAR
EXTENSION OF THE VESTED RlG1:l1S GR&NTED BY ORDINANCE NO. 14, ~IlTll'..s
OJ 1991, AND J!;Al~ED BY ORDINAN~ NO. 31, ~TI'.c OJ 1994 FOR THE
~DEVELOPMENT APl'ROV A.LS ON LOllA OJ' THE ASPEN MEADOWS SPECIALLY
PL\NIIlED AREA, CITY OF ASPEN, PITKIN COtlNIY, COLORADO.
WHEREAS, pursuant to Secuon26.S2.080 Of the Aspen Muaicipal Code, City Council
. :
may irmt an ~,ion ofvest=d rights up fD three ycms for dew!opmems othertban defachCd
residential and duplex units; and
~ . WHEREAS, ~ 1une 10, 1991, City Council adopted Or,t;"""".. No. 14, Serles of 1991,
,
which approved the Aspen Meadows Specially PlamIed Area Final Development Plan; and
WHEREAs, tbe vested righl:s expire on the 'day after the third aaaivc:rsaty of the date the
deveIopmcm: apPrOvals have been aW8Ided; and
WHEREAS, Council has granted one prior thIee yea l!Yt~!:inn which eoxt"t\~"'" the vested
rights to 11,I1le 21, 1997; and
WHEREAS, the applicant, thC Aspen In.stituI:e has requested a three year ext....~on of
vested rights for Lot lA; and
WHEREAS, the Community Dcve1opmez1t Department, havm, reviewed the applicafion
recommeuds approval of a three year extension of.vil$ted rlghts for Lot lA fin~;"g that the
development involveS an essential public fiu::ility and that complmon of1he project is in !he best
immsts of the City; and
WHEREAS, the Aspcl:l City Ccnmcil, haW1g considered the o-mtnnmty Development
DtJ:"O'o~'s recODllIl.elJl:!~tIO does wish to grant ajuxlcnn011ofvestrdIiibt3 status.
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Ordin_1t No. 26, Series of 1996
Pase 2
. NOW, THEBEFORE, BE IT ORDAINED BY THE OTY COUNcn. OF THE CITY
OF ASPEN, COLORADO:
Semon 1:
Pursuant to Section 26.52.080 ofme Aspen M'1Jt1iL'ipal Code, City CoIDlCil does hereby approve a
1hIcc year eJCh"Qcinn of vested rights as approved by Qrrlill"'''~ 14, Series of1991, md e.-t1~ by
OJ:rlin~"ces 31, Series of 1994, fur Lot 1~ of the Aspen Meadows Specially Planned area.. .
Section 2:
, I.
lk City Clexk sbal1 cause notic:c of this Oldi""""" to be published in a IleWspapcr af general
c;irc:ulalion within the City of Aspen no Iau:r than fourteen (14) days foIlowiJl& liDal adoption
hereof.
Sedinn ~:
If my secti01l, subsec:ti.cm, sentel:l"J!, clause, phIase or portion of this orrli"sm<:e Is for any reason
held invaliQ or weonstitutional by any court of eompetem jurisdiction, sucl1 provisi.cm and. such
bolding sball not afI'ec:t the validity of the remaining portions thereof.
Semon 4~
This QIrli,,"".... shall DOt affect my existing Iitigatic.n and shall not operD as an aba=mcm of any
action or pro.--!iTlg DOW rt!iTlg Ullder or by virtue of the Qlrli1:J"ftl'es repealed or "",,,,,,tI"d as
he:ein provided, and.1he same shall be conducted and tOI1Cluded UDder such prior ortl;"'''''''''$.
SN"Jinn 5:
A public bearing on the Qrifi,.,,.,,C!! shall be bcld on the 11th day of August, 1997 a1 5:00 P.M. in
the City CoUDCil. rh"", nets, Aspen City Hall, Aspen Colorado, fi:teen (1 S) days prior to which
hearing a public notice of the same shall be pub1iahed QII,e in a DeWSpIlpCZ' of paeral c:ircul&tion
wi:thin the City of Aspen.
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Ord;n~n= No. 26, Series of 1996
Page 3
INTRODUCED, READ AND ORDERED PtJ1lT .~mm as pmvided by law, by the City
Coum:iI. of the City of Aspen 0Jl the 14th day of July, 1997.
fU-. (~..-- ~
:Iohi1e1Ulett, Mayor
ArrEST:
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Katlu,n och, City Oerk
FINALLY, adopted, passed and. approved this 1L day of August, 1997.
John~J:;-~~~ ~
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ATIEST:
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Kathryn s. City Clerk
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MEMORANDUM
TO:
City of Aspen
FROM:
The Aspen 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.
G~\l$\"r t=
ORDINANCE NO.31
(SERI:ES OF 1994)
AN ORDINANCE OP THE CITY COUNCIL OF THE CITY OF ASPER, COLORADO,
EXTD1DING THE VESTBD DBVBLOPMBIlT RIGHTS FOR THREE YEARS POR THE
ASPER INSTITUTE AT LOT 1-A OF THE ASPER JIEADOlfS 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 te~ms 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
2
_ day of
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 e:?:::r
day of
.~
, 1994.
~ r? ~-
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Joh Bennett, Mayor .
FINALLY, adopted,
?"o elf ' 1994.
passed and approved this ~~
day of
~/?~
John Bennett, Mayor
3
THE ASPE!NSTlTUTE
AMy L. MARGERUM
Senior Vice President,
Administration and Finance
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1000 North Third Su'en
Aspen, CO 8161]
I'll ~70.:J44.790!J
FX 970.544.790R
amym@aspcninsritute.org
www.aspeninstitUlc,org
.
t;')CH.IB(r G-
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
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
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.
Cc: Elmer Johnson, President
Gideon Kaufman
Cindy Buniski
John Bennett
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COMMUNITY DEVELOPMENT DEPARTMEt':'
130 South Galena Street..
Aspen. Colorado 81611
(970) 920-5090
Land Use: J1J()
1041 Deposit -
1042 Flat Fee
1043 HPC
1046 7Aming and Sign
Referral Fees:
1163 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.
City of Aspen
TOTAL
NAME: ! 1/1-"/,,,-
ADDRESS/PROJECT:
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PHONE:
CHECK#
CASE/PERMIT#:
DATE: .:;> h / c. ()
# OF COPIES:
INITIAL:--Ll .\:-
1. The Aspen Instiblte 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
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THE ASPEtNSTITUTE
AJo1Y L. MARGERUM
Senior Vice President,
Administration and Finance
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1000 Xonh Third Street
Aspen, CO 81611
PH 9i0.544.i905
FX 9iO.;344.7908
amym@aspeninstitute.org
www.aspeninstitute.org
.
'{;)CkISI"- &-
March 1, 2000
HAND-DELNERED
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
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
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 VicecPresident
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.
~elY'
U; rgerum
The. sp n Institute
Sen'or ice President, Administration and Finance
Cc: Elmer Johnson, President
Gideon Kaufman
Cindy Buniski
John Bennett
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ORDINANaj2
(SERIES OF 1997)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A TRRli"Ii: YEAR
EXTENSION OF THE VESTED RIGHTS GlUNTED BY ORDINANCE NO. 14, SlnlTll'S
or 1991, AND J!<XUNDED BY ORDINAN~ NO. 31, n'lITIl'J~ OF 1994 FOR THE
-DEVELOPMENT ArPROVAlS ON LOJ 1A 01' THE ASPEN MEADOWS SPECIALLY
PLANNED AREA, CITY OF ASPEN, PlTKIN COtlNTY, COLORADO.
,
WHEREAS, pursuant to Scction26.S2.080 of1he Aspexl Muaicipal Code, City Council
. I
may grmt an exteIIsion oivested rights up to lbree yem for dewlopmems other tbau detaI:hcd
residential amJ. rlnp1ex unit:s: aud
~ . WHEREAS, 0; II11lt la, 1991. City Council adopted ~"........ No. 14. Series of 1991.
,
which approved the Aspen Meadows Specially Plazmed Area Final Development Plan; aDd
WHEREAs, the vested rights expile on the day after the third anniversary oftbe date the
devclopmtZlt apProvals have been aW8Ided; and
WBEREAS, Counc;il has granta:I. one prior thtee year nt~~nn which "lU"tltlP<f the vested
rights to Jl,IIle 21, 1997; and
WHEREAS, the 8pP1ir"~1 the Aspen Ins1itUte has requesred a three year ~don of
vested rights for Lot lA; and
WHEREAS, the Commuuity Dovelopmeut Department, baviDa miewed the applicaf;on
rec:nm...~c approval ofatbr:ce year extension of:Wstedrlghts for Lot lA +mtl1"g1bat1he
development involves an esscztia1 public fiM:ility lIIId that completion of1he project is in 1he best
imeuats of1he City; and
~ the Aspczl City Council, haWig CODSidemi the O'Iml"lImty Devclopment
Dt.~'s recoftn'n"'""JItltln does wiah to grllDt ajl. extcDIiOl1 ofvestcd ript3 status.
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Ordinane= No. 26, SerillS of 1996
Pase 2
. NOW, THEREFORE, BE IT ORDAINED BY THE OTY COllNen. OF TIlE CITY
OF ASPEN, COLORADO:
Sedinn t:
Pursuant to Section 26.52.080 ofthc: Aspen MIIIlI..;pti Code, City Counal doc:s hereby approve a
1hIcc: yc:arextcnsionofvestl:chights as approved by Qrtl;n......-e 14, sma; oflSlSll, IUd exteDded by
OrdiIJances 31, Sc:ric:s of 1994, fur Lot lA ofthc Aspen Meadaws Specially Planned area..
. .
Section 2:
The City ClCIk sball cause notice of this QrdinAn"" to be: published in a IIeW5paPCr of general
drcula1ion within the City of Aspen no Imcr than fourteen (14) days foUowi:ac final adoption
hereof.
Stdlnll ]:
If aD:J section, 5Ilbsecti.on, semence, clause, phtase or pot1ion of this ordilll\lltC is for any reason
hc:1d invalid or l1Jl(OnslitJuionaJ. by my court of competemjurisdi.aion, such provision aDd such
holding shall not afi'ect the validity of the J'l!!ft'IAm;flg portions thereof:
Sl!diftn 4!
This OIrlin,.".... sball JIOt affect 8DY existiIIg litigatiOD and sballl10t operate as an akI~ of any
action or pro~"g :lIOW pending UDder or by virtue of the ardil)An"a n:pc:aled or ....".nit"lI as
herein provided, aDd 1hc same rhal1 be c:onducted aDd COIlduded UD4.er such prior Qrtfi.."....oes.
SP.dinn S~
A public bl!aring on the QrtIi""""" sbaII be: held on the 11th day of August, 1997 at 5:00 P.M. in
the City Council. n......1-s. Aspc:n City Hall, Aspen Colorado, fiiteen (1 S) days prior to wb.ich
heariD& a public DOUce oftbe same shall be published oa.e in a JI8W5P8IlCZ' of paeral clrc:Wation
within the City of Aspen.
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Ordimnce No. 26, Series of 1996
Page 3
INTRODUCED, READ AND ORDERED plJRI.mmm as provided by law, bytbe City
Counril of the City of AspcnOl1!:be 14th day of July, 1997.
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JOhi1"'1Ulett, Mayor
A'li'EST:
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Kathryn S. ocb, City Clerk
FINALLY, adopted, passed and approved dJisiL day of August, 1997.
lOhnt=J:;~~ ~
A11'EST:
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Kaduyn S. City Clerk
MEMORANDUM
TO:
City of Aspen
FROM:
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.
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JUN 24 '94 11:32 KAUFMAN AND PETERSON,_P.C.
P.2/12
MEKORANDUH
THRU:
Mayor and City council
Amy Margerum, city Manage!:'
TO:
THRU:
Leslie La~ont, Interim City
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Planning Direct~!,
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FROM:
Kim Johnson, planner
DATE:
.June 13, 1994
RE:
The Aspen Institute - Vested Rights Extension, First
Reading of Ordinance , Series 1994
.
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SUMMARY: The applicant:, the Aspem Institute, seeks to ex":.end
vested rights status for a period of three years for the
construction of the last lodge building approved by the 1991 Aspen
Meadows Final specially Planned Are,a (SPA) Development plan.
staff recommends approval of the applicant 's request with
conditio!".s, mose important:ly rela"ti.ng to a revised trail easement
alignment down to picnic point, and a storm water detention
easement in the racet:rack area.
PREVIOUS COUNCIL ACTION: The Aspen Meadows Final SPA Development
Plan was approved by City council on June 10, 1991. This approval
included ves-::ed righ"t.s 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 or a new parking
garage and tennis shop expansic'n, 50 new lodge rooms, and
renovation/expansion of the health club and
restaurant/administration building. To date. the only element of
the Institute's redevelopment '"hich has not: been built is building
no.3 to contain 12 lodge units.
At the time of approva 1. the Insti 'Cute I s redevelopment was exempted
from Growth Management competition and mitigation beCa'.lse it was
deemed to be essential public facilities, necessary for the
continued well being of the Aspen Institute.
STAFF COMHENTS: Chapter 24 of th.~ Aspen Municipal code does not
provide specific review criteria fer 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 aoplicant states that this extension is justified
given the "tremendous outlay of furlds and the major steps that have
been taken towards implementation of the overall plan..."
1
JUN 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 th.e Institute I s request for an
addi':ional 1:hre'e years of vested rights beyond the three years
granted in 1991, Planning, Parks and Engineering/Public Works staff
feel it necessary to condition the t'equest with two i':ems which are
iJl'cortant to the health and welfare of the communitv and the
environment. These t.,./O items are the revision of 'the trail
alignment dO'N'n to the 25 acre city-cwned conservation land, and the
dedi'=ation of a storm water detention easement '"Lthin the old
racetrack oval.
Recommended Trail Re-Alicrnment: C1.:lrrently the Asperl Meadows Plat
shows an area for a trail below the restaurant building and Lots
5 and 6 (the tennis townhomes and trustee townhomes). The slope
in this area is very steep, nearly 1 : 1 in places, and is thickly
covered with native shrubs and small planes. During 1:.he 1991
Meadows SPA review, staff expressed its deep concern that a design
for a trail on this slope would bE! steep, and mere importantly,
would create a substantial scar on the hillside due to excavation
of a trail bed.
F~rst and foremost, this spring tfle Parks Department contracted
with Garv Lacy to visit the site and desian a trail w!'lich would be
wide enough for multiple purposes and at a grade which would ~eet
ADA (Americans w/ Disabilities Act) requirements. His goal was
a.lso to limit impacts to the natur,ll landsCc.pe of the area. The
design he has presented has met tt.e first tvlO objectives fairly
well, but as expected the proposE,d alignment will be terribly
destructive to the hillside and expE!nsive to construct. The swath
of disturbance will be at lease 20 feet wid., including the cut
above and the fill below the trail surface. The estimate from
Aspen Earth.moving for excavation and reeaining 1:he slope is over
$33,000 - surfacing, l:'evegetation <lna completion of the trail to
pienic Point: bridge is additional to this amount. Staff will
present lar;e deta:led drawings and photos at the Council meeting,
but has inCluded Patrick Duffield's memo and a reduced map of the
area as EXhibit "8". In summ<try, th,~ physical 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 easemen-c should be moved to ~;he northwestern corner of the
Institute's property below the Institute's health club. For
decades there has been an old dirt road going from the top of the
hill down to picnic point. This informal access way is used
occasionally by the Aspen Consclidated sanication 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 ~{Ould have to extend along the
paved road from the parking garage area nor~hward to the health
club and the old road below.
Secondly, a trail relocation would better 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 tI.ail. Net 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 awk~ard, uncomfortable feeling for trail users and t~wnhome
occupants.
During the 1991 approval hearings, city staff spoke strongly in
favor of the northern trail alignment by the health club. The
Aspen Institute, however, objec1:.ed to this location because it
brougr.t the public further into the ::nstitute's campuS area. They
were, and still are, concerned that 1:.he pedes"rian anc. bicycle
traffic making its way 1:he extra ,500 fee-c past the restaurant
building on the Institute's internal service roads would create an
unacceptable disturbance to Institu1:e activities around the Marble
Garden and pond area. AS pointed out by Patrick, a possible
solution might be to' limit trail traffic during an eccasienal
private event in the Marble Gardan ",rea.
storm Water .OeteTition Easement: During the 1991 reviews and
approval of the Aspen Meadows, city Engineer Chuck Roth sought to
aCQuire a detention easemen<: in the area of the old racetrack.
The City's 1973 Urban Runoff Management Plan identified this
location for such a use because i~ is realistically the only place
large enough t.e ser"1€ the west Asp'~n area. There is no current
discussion of any designs for a Cietention facili1;;Y, but staff
shares the Institute'S (and community's) concern that any detention
pend must be designed to be as leas': intrusive as possible,
The Planning Commission recently acknewledged the importance of
this detention easement during revi.ew of the Institute's request
to' expand the Paepcke Seminar Facili.ties on the east campus. They
passed a motion by a 4-0 vote to fO'~ward their cO'ncern to' council
that this easemen~ is necessary for cO'mpliance with clean water
regulatiens and should be obtained from the Institute. It is
impertant to recO'gnize that any pond design must be thoreughly
reviewed by the Planning Commission and city cO'uncil as an
amendment to the Aspen MeadO'ws SPA.
Please refer to Chuck Roth's June 20, 1994 memorandum, Exhibit "e".
Attached to 1 tare le1:ters of sup!?'~rt frem the CO' lor ado D1 vision
of Wildlife Department of Natural Resources as well as Trout
3
JUN 24 '94 11:34 KRUFMRN RND 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, :nanning 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 Institut~. If so dedicated, staff would find that there is
no loss of public' benefit from a tl1ree year extension of vested
rights for the following reasons:
1. The project is a relatively small element of the overall
Instit:.Jte development approved in 1,191.
2. The 1991 SPA approval exemp~ed the Institute's development
from growth management competition and mitigation, therefore the
city did not assign GMP allocations to the Institute, nor was it
expecting mitiga~ion 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 cOlflmunity will be upheld by the
vested rights extension.
".
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RECOMMENDATION: Staff recommends approval of an extension of
vested rights for the remalnlng lodge 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 outwi~rd towards the property line
of Lot 1, until such time th,lt 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 plat'l:ir'lg the nell 1:rail easement, as well as the
cos~s of developing the trail. The old easement will be
abandoned during the replatting effort.
2) The Institute agrees to dedicate a storm water detention
easement in the old racetrack area as identified in the 1973
4
JUN 24 '94 11:35 KRUFMRN RND PETERSON,_P.C.
P.6/12
Urban Run-off Management Plan. The easement is for a 5 acre
toot detention pond and as:sociated 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 developing
the pond and associated needs.
ALTERNATIVES: City council could elact to alter the conditions of
approval, extend vested rights for ~, different period of time, or
deny the extension request.
PROPOSED MOTION: II I move to read 01' Ordinance _, Series 1994. II
"I move to approve on first readirLg ordinance _, Series 1994
which grants a three year extension of vested rights for the Aspen
Institute's construction of lodge building number :3, containing
twelve lodge rooms."
CITY MANAGER'S coMMENTS:
EXllIBITS:
A. Application Information
B. Patrick Duffield'S Memo and Drawings
C. Chuck Roth' s Memo
5
JUN 24 '94 11:35 KAUFMAN AND PETERSON,_P.C.
P.7/12
01U>INJ.NCE NO.
(SEIUES OF 199"'ii
AN ORDINANCE OF THE CITY COUNCIL OJ? 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
Wi!EREAS, 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, renava~ion and expansion
of ~he health club, and renovation of the restaurant building by
.
approval of the Aspen Meadows Final SPA Development J?lan ("Plan");
and
WHEREAS, Vested Rights for the Aspen Meadows was also granted
within the Plan for a period of thre,: years, effective through June
21, 1994; and
WHEREAS, the Aspen Institute has completed the majority of
the proj ects 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 ex~end from June 21, 1994, to June 21, 1997,
for the remaining development of lodge building number 3; and
WHEREAS, the request for vested rights extension was
considered by the Planning Offic,a, Parks Department and the
Engineering Department, and as a result of their reviews, these
departments sought in exchange for t.he vested rights extension two
new easements, those being a revised multi-purpose trail alignment
1
JUN 24 'g4 11:36 KAUFMAN AND PETERSON._P.C.
P.8/12
~
on the old dirt road below the health club at the north west corner
of the Institute's property. and a s'torm water detention easement
in the old racetrack area as identified in the City of Aspen's 1~73
Urban Run-cff Management Plani 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 C:ty council.
NOW, THEREFORE, BE IT ORDAINED !IY THE CITY COUNCIL OF TEE CITY
OF ASPEN, COLORADO:
section 1: That it does hereby extend vested Rights for the Aspen
Institute granted by the site specil:ic 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 3une 21, 1994 to June 21, 1997, subject to the conditions set
forth at section 2 below. Failure ti~ abide by any of the terms and
conditions in section 2 within 45 days or the conditions attendant
to the original approvals shall re.;ull: 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: The extension of ves~ed rights shall be conditioned by
the 'following:
I} The Aspen Institute shall dec.icate a trail alignment along
the roadway from the parking g.arage to the old road beloW the
health club, then fanning out'Nard towards the property line
of Lot: 1, until such time that the City Parks Department
z
JUN 24 '94 11'36 KAUFMAN AND PETERSON,_P.C.
P.9/12
finalizes a trail design to l~ol1ow basically the old road.
Then, the City will be respomdble for costs associated with
surveying and platting the new trail easement, as well as the
costs of developing 1:he trail. The old easement will be
abandoned during t.he replattir.g effort.
2) The Aspen Institute shall to dladicate a storm water detention
easement in the old racetrack area as identified in the 1973
Urban Run-off Hanagement Plan.. The easement shall be for a
5 acre foot detention pond and. associa1:ed inlet, outlet and
maintenance access easements. The City will be responsible
for costs associated with survE'ying and plattinq the new storm
water detantion easement, as well as the costs of developing
the pond and associated needs.
.
section 3: That. theestablishlllent 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 t.he city of Aspen including, but not limited
to, building, fire, plumbing, elect~ical 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 therefrore is
qranted in writing.
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 (15) days prior
to which a hearing of public notice o~ the same shall be published
in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by la',;, by
the City Council of the city of Aspen on the
day of
3
JUN 24 '94 11:37 KAUFMAN AND PETERSON,_P.C.
, 1994.
P. HI/12
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, city Clerk
PIlIALLY, adopted, passed and approved this
, 1994.
day of
John Bennett, Mayor
ATTEST:
Kath~yn S. Koch, city Clerk
4
.
JUN 24 '94 11:37 KAUFMAN AND PETERSON,_P.C.
P,ll/lj
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KAUnlAN & PETERSON,P.C.
SROOK. A. PETERSON
G;C!.Q" I, l(AUfMAN .
ERtN t... ;"tRNANCU ..
3lS ...ST HYMAN AVENUE
"S?N. COLORAI,O at6ll
TELEPHONE
(303l9ZS.08186
FACSIMILE
(303) 925.1_
R08YN J. MYLER ..,
. "~.OMtTTt~ 1101 /rMll'Y\,oIII"II~
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.:"pril 26, 1994
Ms. Leslie Larnon~
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: The Aspen Institute - Exten:.ion of Vested Rights'
Dear Leslie:
Please consider this le~ter a re,::uest on behalf of ThE; Aspen
Institute to extend its vested rights for the Meadows project. As you
kno'"., per SPA Crdin<:l!'!ce Nos. 10 and : 1 and the SPA Agremeer.", The
Aspen Institute secured approvals from the City of Aspen for pajor
renovations and additions to its campus at the Meadows.
During the past three years, The Aspen Institu"e has sge~t
conside=able fu~ds 1:0 i,"pleme!'H: modifications and changes to its
camOU5. These chances have been exte:1S i 'Ie. Rooms ha '/e been
com;;'latel.v renovated, and r.e'.oJ rooms hilve been buil", ':'he health club
and" the restaurant have been renovated. A new oarkina structure has
been built. The utilities and the ne~ road hav~ been"ins"alled.
Every aspect of t:'e application has been cOl7lpleted, except fa"::
one small building which has not been built. Given the "remendaus
outlay of funds, and tt".e major steps 1:hat have been taken towards
impleme~tation of the overall plan, The Aspen !ns1:itute would prefer
not to have to build this one small btlilding at this time, and hereby
requests an extension of its Vested r:>;;hts for a period of three
Years. I believe this request is jusl:.:.fied, given the il7lnense work
;..thich has bean dorll: towards the lntoliinenta1:lCn of the camo'.lS
improvements, the wonderful benefi~s t~at the community i~ beginning
to see through the renovation of the campus, and the fulfill~ent of
the spirit of the approvals chat The i,spen Institute has securad.
We look fOr".oJard to discussing th:.s matter with City council prior
~o the ex?i~ation of ves"ed rights in June. We hope that the Planning
Office will support. QU:- request, in lJ.ght of the coml!'.itment that The
Aspe~ Institut.e has made co fulfill the spirit and lett.e:- of the'
Agreement with the City of Aspen.
Very truly yours,
u,,\v OFFICES OF KArJFr-lAN & PETERSON, P.C.,
a Pro corporation
By
Gi on Ka~ifman
JUN 24 '94 11:38 KAUFMAN AND PETERSON,_P.C.
P. 12/12
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By orc:UJl.......
MEMORANDUM
TO:
FROM:
RE:
DATE:
Kim. JOMson, City Planner
Patrick Duffield, Trail Supervisor
Access To Meadows Lot #4 Trail
June 16th, 1994
In your negotiations with the Aspen Institute perhaps you could persuade
their Board of Directors to rethink the access to l:he trail which already exists on the
City owned Lot #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. This 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 truck.;, the access road will remain intact.
Secondly, the 'new' alignment would entail descending fifty vertical feet by
developing a tightly switchbacked trail. This alignment would require a large
amount of cutting and scarring the pristine hill!;ide 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,
revegetation or completing the trail to the picnk point bridge.
There is the additional concern of the 'new' alignment's close proximity to
the townhouses Savannah Limited is planning 1:0 build east of the tennis court area.
The trail, as currently called for, would sit threE: feet north of these new townhouses.
This could create a very uncomfortable feeling J:or both the residents in the
townhomes as well as the trail users.
The Institute's main concern over the alternate alignment along the
Sanitation District easement is the infringement of the general public on a few 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 San;:tation Consolidated Sanitation
District has granted us permission to use its access easement for this purpose.
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mE ASPE!\lSTITUTE
AMy L. MARGERDf
Senior Vice President,
Administration and Finance
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1000 :\"orth Third Street
A.spen, co 81611
PH 970.544. i905
i"X 970.544.7908
am~m@aspeninstitute.org
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.
March 1, 2000
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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
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 anci 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
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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 50th 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 crely,
It
my rgerum
The sp n Institute
Sen' r ice President, Administration and Finance
Cc: Elmer Johnson, President
Gideon Kaufman
Cindy Buniski
John Bennett
THE ASPEtNSTITL'TE
AMY L. MARGERUM
Senior Vice President,
Administration and Finance
070
Sr. ,,'
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1000 :\'orth Third Street
Aspen, co 81611
PH 970.544,7905
FX 970.544.7908
amym@aspeninstitute.org
www.aspeninstitute.org
.
March 1, 2000
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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
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
I ~ ~G ~".J'l'>
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\ -0 l implementa 'on and completion of the overall plan, The Aspen
\ ,,~ Institute's actions could easily be construed as having vested all its
...1 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 50th 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.
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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.
, /~elY'
~; rgerum
The sp n Institute
Sen'or ice President, Administration and Finance
Cc: Elmer Johnson, President
Gideon Kaufman
Cindy Buniski
John Bennett