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HomeMy WebLinkAboutcoa.lu.gm.845 Meadows Rd.A46-96Aspen Meadows Lot 6 trustee townhomes 2735-122-31-003 A w rn cy �o � Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City Land Use Application Fees: 00113-63850-041 Deposit -63855-042 Flat Fee -63860-043 HPC -63885-268 Public Right -of -Way -63875-046 Zoning & Sign Permit - NR011 Use Tax County Land Use Application Fees: 001 13-63800-033 Deposit -63805-034 Flat Fee -63820-037 Zoning -63825-038 Board of Adjustment Referral Fees: 00113-63810-035 County Engineer 00115-63340-163 City Engineer 00123-63340-190 Housing 00125-63340-205 Environmental Health 00113-63815-036 County Clerk Sales: _ 00113-63830-039 County Code -69000-145 Copy Fees _ Other Name: Address: Phone: Total Date:(-Check:_La:- Project:ywS Case No: No. of Copies CAS D SUMMARY SHEET - CITY OPEN DATE RECEIVED: DATE COMPLETE: PARCEL ID # 7/2/96 2735-122-31-003 CASE # A46-96 STAFF: Suzanne Wolff PROJECT NAME: Aspen Meadows: Trustee Townhomes Lot 6 GMQS Extension Project Address: 845 Meadows Rd., Aspen APPLICANT: Savanah Limited Partnership Address/Phone: 1925 Century Park East, Suite 1900, LA, CA 90067----- 310-229-2929 REPRESENTATIVE: John Sarpa, 9255-4272 or Joe Wells, 925-8080 Address/Phone: 602 Midland Park Place, Aspen FEES: PLANNING $1050 ENGINEER $0 HOUSING $0 ENV HEALTH $0 TOTAL $1050 AMT. RECEIVED $1050 ❑ City Attorney ❑ City Engineer ❑ Zoning ❑ Housing ❑ Environmental Health ❑ Parks DATE REFERRED: # APPS RECEIVED 1 # PLATS RECEIVED 1 TYPE OF APPLICATION: One Step ❑ Aspen Fire Marshal ❑ City Water ❑ City Electric ❑ Clean Air Board ❑ Open Space Board ❑ Other: INITIALS: APPROVAL: Ordinance/Resolution # Staff Approval Plat Recorded: CLOSED/FILED DATE: INITIALS: ROUTE TO: ❑ CDOT ❑ ACSD ❑ Holy Cross Electric ❑ Rocky Mtn Natural Gas ❑ Aspen School District ❑ Other: DATE DUE: Date: Date: Book Page MEMORANDUM TO: Mayor and Council THRU: Amy Margerum, City Manage THRU: Stan Clauson, Community Development Direc FROM: Suzanne Wolff, Planner DATE: August 12, 1996 RE: Aspen Meadows Lot 6 Residential GMQS and Vested Rights Extension Request - First Reading and Public Hearing of Ordinance 27, Series of 1996 SUMMARY: Savanah Limited Partnership, as owners of the units on Lot 5, have requested an additional six month extension to their 1990 GMQS allotment for seven new multi -family units and to the vested rights granted for the development on Lot 6 of the Aspen Meadows Specially Planned Area. This request would extend the allocation and the vested rights to December 19, 1996. The application is attached as Exhibit A. The last extension Ordinance (Ordinance 6, Series of 1996) is included in Exhibit A. Staff recommends approval of a six (6) month extension of the GMQS allocation and the extension of vested rights status, with conditions. Council approved first reading of the request on July 8. APPLICANT: Savanah Limited Partnership, represented by Joe Wells BACKGROUND: Council approved the 1990 GMQS allocation for 3 new townhomes on Lot 5 and 7 new townhomes on Lot 6 as part of the Aspen Meadows Specially Planned Area development approval. The SPA was approved in early 1991. The GMQS allocations were due to expire June 21, 1994. In April of 1994, Savanah requested a six month extension on the GMQS and vested rights for Lots 5 and 6. Council granted the extension. The applicants have since requested and been granted extensions every six months, which have extended the allocations and vested rights status to June 19, 1996. On June 19, 1996, the applicant submitted a request for an additional extension. City policy has been that if an application for an extension is received before the expiration date of the vested rights, City Council will consider the request as timely filed even though the matter is scheduled by City Council for consideration after the expiration date. Lost 5 and 6 were included in a Notice of Lis Pendens recorded by Mohammad A. Hadid in connection with a lawsuit filed by him against principals of Savannah Limited Partnership in April of 1995. While the Lis 1 Pendens was in effect, Savanah was prohibited from selling, developing or financing either Lots 5 or 6. On November 15, 1995, the trial court ordered the Lis Pendens removed. Mr. Hadid subsequently released Lot 5 from the litigation so the Institute could proceed with the purchase of Lot 5, but filed an appeal of the court's order as it affects Lot 6 on June 3, 1996. Therefore, the Lis Pendens is still considered in effect pending a decision on appeal. STAFF COMMENTS: Section 26.100.100 of the Aspen Municipal Code states that a development allotment and all other development approvals shall expire on the day after the third anniversary of the latest date of project approval, unless a building permit is obtained and the project is developed, or unless an exemption from or extension of the approval is obtained. For developments other than a subdivision, an application for extension shall be submitted prior to the third anniversary of the date of approval of a site specific development plan which shall demonstrate to the satisfaction of city council that: (a) Those conditions applied to the project at the time of its final approval which were to have been met as of the date of application for exemption have been complied with; and RESPONSE: All improvements associated with the SPA have been completed. As required by Ordinance 6, Series of 1996, the non-functioning trail lights along old Meadows Road have been removed. The applicant is required to complete the excavation work for the pedestrianibike trail to the top of the slope on Lot 6 prior to October 31, 1996. The applicant hopes to complete the excavation work at the same time as the excavation work for the residential units to minimize disturbance to the site. Given the current status of the litigation, it is unlikely that construction could begin before October 31, therefore, the applicant requests that the deadline for the trail excavation be extended to December 19, 1996, to coincide with the expiration of this extension request. Removal of the trees from the trail and planting of additional trees along Meadow Road will be the responsibility of the Institute. (b) Any improvements which were required to be installed by the applicant prior to construction of the project have been installed; RESPONSE: All the improvements which were required under the SPA Agreement have been completed. Although construction has not begun for Lots 5 and 6, the applicant shall be required to mitigate any construction damage to Aspen Meadows Road and a 1" to 1.5" overlay is required when the construction is complete. Although the construction of the new units and the renovation of the existing townhomes has not begun, utilities have been installed and road upgrades completed. (c) The project has been diligently pursued in all reasonable respects, and the extension is in the best interest of the community. RESPONSE: Staff notes that this is the fifth extension requested by the applicant. Staff recommended in February that no further extensions be granted for reasons beyond unforeseeable legal circumstances specific to the Lis Pendens. The Lis Pendens currently remains in place on Lot 6 pending a decision on appeal. The applicant has expended considerable funds for road construction, installation of utilities and 2 • • landscaping in anticipation of the proposed project. Also, the applicant is involved in negotiations to sell the property, and the potential purchaser has appeared before the Planning Commission and the Historic Preservation Commission to discuss changes to the approved project. An application for an insubstantial change to the approval is currently being prepared. RECOMMENDATION: Staff recommends approval for a final six (6) month extension. Staff recommends that the extension for the 1990 Residential GMQS allocation and the extension of vested rights for Lot 6 of the Aspen Meadows Subdivision be approved and amended in the Aspen Meadows Specially Planned Area development plan with the following conditions: 1. The applicant shall excavate the pedestrianibike trail to the top of the slope on Lot 6, as required in the insubstantial amendment to the Aspen Meadows Lots 5 and 6, to be completed by December 19, 1996. 2. The six (6) month extension shall begin at the date of expiration of the previous 6 month extension which is June 19, 1996 and shall expire on December 19, 1996. RECOMMENDED MOTION: "I move to approve Ordinance 27, Series of 1996, on second reading, approving the extension of the 1990 Residential GMQS allocation and vested rights status for Lot 6 of the Aspen Meadows Specially Planned Area to December 19, 1996." CITY MANAGER'S COMMENTS: EXIIMITS: Exhibit A - Extension Request • • Joseph Wells Land Planning, Inc. 602 Midland Park Place Aspen, Colorado 81611 Phone: 970.925.8080 Facsimile: 970.925.8275 June 17, 1996 REC EKED i u N 1 8 1996 No= -- ------- Mr. Stan Clauson Director of Community Development, City of Aspen 130 S. Galena Street Aspen, CO 81611 Dear Mr. Clauson: I am writing to you on behalf of Savanah Limited Partnership, owner of Lot 6, Aspen Meadows Specially Planned Area. Savanah is requesting review and approval by the City Council of the attached extension request for the residential Growth Management Quota System approvals granted for this lot under Ordinance 14, Series of 1991. Please contact John Sarpa at 925-4272 or me if you have any questions or need additional information. Joseph Wells, Al(:F Request for Extension from GMQS Expiration Deadlines for the Aspen Meadows Multi -Family Project Approved for Lot 6 This application is submitted on behalf of Savanah Limited Partnership, owner of Lot 6, Aspen Meadows Specially Planned Area. Savanah requests an additional extension of six months in the expiration of the growth management allocations for the seven multi -family units approved by the City on Lot 6 (the Tennis Townhomes site) as well as an extension of the vested rights granted by the City for the project approved for this lot. Over the course of the last twenty-four months, Savanah has worked closely with the Aspen Institute and with third parties to try to develop a co -development scenario which will better serve the Institute's long-term needs for additional housing for its participants. These negotiations previously led to the Aspen Institute's entering into a contract to purchase Lot 5 from Savanah. However, in April of 1995, both Lot 5 and Lot 6 were included in a Notice of Lis Pendens recorded by Mohammad A. Hadid in connection with a lawsuit filed by him against principals of Savanah Limited Partnership. Savanah vigorously defended against the suit at considerable expense, and on November 15, 1995, the trial court ordered the Lis Pendens removed. Although Mr. Hadid previously released Lot 5 from the litigation so that the Institute could proceed with its purchase, Mr. Hadid filed, on or about June 3, 1996, an appeal of the court's order as it affects Lot 6. Savanah has been advised by its legal counsel that under the law, the Lis Pendens remains in place on Lot 6 pending a decision on appeal. The practical effect of the recorded presence of the Lis Pendens is that, through no fault of its own, Savanah is, and for the past 12 months has been, utterly incapable of doing anything with respect to Lot 6 - i.e., either selling, developing or financing the lot. Once Lot 5 was released from the Lis Pendens, the Aspen Institute was able to proceed with its purchase of Lot 5 from Savanah and its purchase closed on or about February 6, 1996. The Institute, now that it has purchased Lot 5, has been trying to determine how to proceed with construction work on the Trustee Houses in a way which will minimize disruptions to the cultural and academic programs at the 1 • • Meadows. It is Savanah's understanding that the Institute has filed a separate extension request for its approvals for Lot 5. In addition to the problems created by the pending litigation, Savanah is presently involved in sales negotiations regarding Lot 6. The potential purchaser has appeared before the Planning and Zoning Commission and the Historic Preservation Committe to discuss certain changes which the purchaser wishes to make to the project previously approved for Lot 6 and to request that the City allow these changes to be reviewed under the Insubstantial Amendment procedures of the land use code. The City has now agreed that these changes may be reviewed under the Code provisions which apply to Insubstantial Amendments. An application for these changes is presently being prepared and is expected to be submitted in the near future. A. Background: Under the provisions of Sec. 8-108(A)(2), development allotments and all other development approvals are deemed to expire on the day after the third anniversary of the project's final development approval, unless a building permit is obtained and the project is developed, or unless an extension of the approval is obtained. The approvals for Lot 6 are now scheduled to expire on June 19, 1996 1. In March 1994, Savanah submitted building permit applications for the two multi- family projects proposed for Lot 5 and Lot 6 in anticipation of obtaining building permits to begin construction of these two projects by the original deadline in 1 Sec. 6-207(c) of the Code provides that in those matters in which the Council has final approval, that approval shall be by ordinance. A site specific development plan shall be deemed approved on the "effective date" of the approving ordinance. The effective date of Ordinance 14/91, under which the City granted Final SPA Development Plan approval to the Aspen Meadows, was five business days after the date of publication of the ordinance following its approval on June 10; in other words, the effective date of the ordinance was June 20, 1991. Therefore, the GMQS allocations and vested rights for the two multi -family residential projects in the Aspen Meadows SPA were originally due to expire on June 21, 1994. Under Ordinance 22/94 , Ordinance 10/95, Ordinance 38/95 and Ordinance 6/96, City Council previously granted extensions of six months each and the approvals are therefore now due to expire on June 19,1996. 2 June, 1994. However, for scheduling reasons, Savanah hoped to postpone commence- ment of construction of the seven new townhouse units on Lot 6 until the fall of 1994 and then begin renovation and enlargement of the Trustee Houses and construction of the three new units on Lot 5 in the fall of 1995. Therefore, Savanah requested and received approval of an extension in the date of expiration of the GMQS allocations and vested rights for these residential projects from June 21, 1994 to December 21, 1994. Subsequent to the granting of the original extension, some unforeseen zoning issues arose with regard to these two projects as a result of City zoning staff review of the pending building permit applications. These issues prompted Savanah, in October 1994, to seek two administrative amendments to the prior SPA approval. The Planning staff reached a decision regarding these two administrative amendments as documented in their March 16, 1995 memo. In the meantime, pending a resolution of the proposed amendments, Savanah was granted a second extension to June 19, 1995. Savanah and the Aspen Institute were granted a third extension to December 19, 1995 after the Aspen Institute entered into the option contract to purchase Lot 5, to allow additional time to plan the phasing of construction by the two separate organizations. Finally, Savanah and the Aspen Institute were granted a fourth extension to June 19, 1996 (see Ordinance 6/96, attached as Exhibit A) because of the pending Lis Pendens, which effectively prevented the transfer of ownership of either Lot 5 or Lot 6. It remains a goal of both Savanah and the Aspen Institute to minimize the disruption on the summer programs of the non-profit organizations by carefully staging construction of the two projects at different times, if possible. B. Extension of GMQS Expiration Provisions for Lots 5 and 6: Under the provisions of Sec. 8-108(A)(2), multi -family developments shall be eligible for extension of the GMQS expiration provisions. To obtain an extension, an application for extension shall be submitted prior to the approval deadline which 3 • shall demonstrate to the satisfaction of City Council that the following three conditions in bold have been met (the Parties' response to these conditions follows each condition): (a) Those conditions applied to the project at the time of its final approval which were to have been met as of the date of application for exemption have been complied with [Sec. 8-108(A)(2)(a)]. To the best of the applicant's knowledge, all of the conditions which were applied to the Project under the original SPA Agreement which were Savanah's obligation to fulfill have been satisfied. When City Council granted the six month extension of the 1990 Residential GMQS allocation under Ordinance 14, Series of 1991 to June 19, 1996, the approval was subject to the following additional conditions: 1. The applicant shall excavate the pedestrian bike trail to the top of the slope on Lot 6, as required in the insubstantial amendment to the Aspen Meadows Lots 5 and 6, to be completed by October 31,1996. For several reasons, the required excavation work for the trail has not yet been completed. First, it has been Savanah's intent to complete the excavation work for the trail at the same time as excavation work for the residential units, to avoid the necessity of bringing equipment to the site twice. Secondly, before the trail work can be undertaken, the Institute needs to complete the relocation of trees which are located within the trail easement. Finally, it would be preferable to coordinate the excavation work for the trail with the City's plans for the remainder of the trail down the hillside. Savanah has not been made aware of the City's plans if the City has, in fact, established a final plan for that portion of the trail. Given the appeal of the judge's earlier decision to remove the Lis Pendens, it is unlikely that the litigation will be resolved in time to allow construction to begin on the residential project by October 31. The applicant therefore requests that the date for completion of the trail excavation be extended to the expiration date of this extension request, or until December 19, 1996. 4 2. The applicant shall eliminate the non-functioning trail lights along old Meadows Road by June 1,1996, subject to approval by the Pedestrian and Bikeway Committee. The non-functioning trail lights have been removed. 3. The applicant shall plant approximately 15-20 more trees along Meadows Road, consistent with the approved landscape plan. This shall be completed by July 1,1996. In addition, the applicant is responsible for the relocation of several Aspen trees that have been planted in the trail easement by July 1,1996. It is Savanah's understanding that a Parks Department staff member has identified 15 to 20 additional trees on the Aspen Institute parcel which in their opinion need to be planted to bring the project into compliance with the SPA landscape plan. The Institute has addressed the issue of the additional trees identified on their parcel in their extension request filed separately. The Institute has agreed to relocate the aspen trees previously planted in the trail easement. 4. The six (6) month extension shall begin at the date of expiration of the previous 6 month extension which is December 19, 1995 and expire on June 19,1996. The applicant is now requesting an additional six-month extension, to December 19, 1996. (b) Any improvements which were required to be installed by the applicant prior to construction of the project have been installed [Sec. 8- 108(A)(2)(b)]. All of the improvements which were required to be installed under the SPA Agreement have now been completed, except as discussed above. (c) The project has been diligently pursued in all reasonable respects, and the extension is in the best interests of the community [Sec. 8-108(A)(2)(c)]. Despite the fact that actual construction of the new residential units has not begun, Savanah has nonetheless expended well over one million dollars in road R • construction, installation of utilities and landscaping in anticipation of the residential building program. The Consortium members have diligently pursued completion of the project while working within the constraints of the fund-raising efforts of the non-profit organizations and the interruptions in construction during a large majority of the summer building season which were previously agreed to. These were recognized concerns spelled out by the parties to the SPA Agreement. The project infrastructure is in place and most of the new and renovated facilities are now complete. Savanah has diligently pursued a building permit for the project which is the subject of this request and has worked closely with City staff to resolve unforeseen zoning issues. The applicant has been unable to proceed with the project because of the pending litigation. Savanah believes that the additional extension is clearly in the best interests of the community. In summary, Savanah is requesting an extension of the GMQS expiration provisions for the allocations granted to the seven townhouse units on Lot 6 as well as vested rights for the project for a period not to exceed six additional months. This extension is requested in order to allow Savanah additional time to resolve the pending litigation and to insubstantially amend its prior approval, as recently discussed with the City. G7 OVANAH LMTED PARTNERS `} 1925 Century Park East, Suite 1900 Los Angeles, California 90067 Tel. (310) 229-2929 / Fax (310) 229-2939 June 6, 1996 Mr. Stan Clauson Director of Community Development City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Dear Mr. Clauson: I am writing to you on behalf of Savanah Limited Partnership, owner of Lot 5, Aspen Meadows Specially Planned Area. Savanah has authorized the preparation by Joseph Wells Land Planning of the attached extension request for the residential Growth Management Quota Systems approvals and vested rights granted for these lots under Ordinance 14, Series of 1991. During the processing of this application, Savanah will be represented by John Sarpa and Joseph Wells. Please contact John at 925-4272 or Joe at 925-8080 if you have any questions or need additional information. Attachments U:\USERS\GENERAL\WP\ORB\CLAUSON.606 Exhibit A 0 ORDINANCE 6 (SERIES OF 1996) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH EXTENSION OF THE 1990 RESIDENTIAL GMQS ALLOTNIENTS AND VESTED RIGHTS GRANTED BY ORDINANCE NO.14, SERIES OF 1991, AND EXTENDED BY ORDINANCE NO.22, SERIES OF 1994, AND EXTENDED BY ORDINANCE NO. 10, SERIES OF 1995, AND EXTENDED BY ORDINANCE 38, SERIES OF 1995 FOR THREE TOWNHOMES ON LOT 5 AND SEVEN TOWNHOMES ON LOT 6 OF THE ASPEN MEADOWS SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, pursuant to Section 24-8-108 of the Aspen Municipal Code, City Council may grant an extension of GMQS allocations up to six months for developments other than detached residential and duplex units; and WHEREAS, on June 10, 1991, City Council adopted Ordinance No. 14, Series of 1991, which approved the Aspen Meadows Specially Planned Area Final Development Plan and included residential GMQS allocations; and WHEREAS, the GMQS development allotments included the construction of 10 tc%vnhomes on two parcels, Lots 5 and 6; and WHEREAS, the development allotments expire on the day after the third anniversary of the date the GMQS allocations, or other development approvals, have been awarded; and WHEREAS, Council has granted three prior six-month extensions which extended the GNIQS allocation and vested rights to December 19, 1995; and WHEREAS, the applicant, Savanah Limited Partnership, has requested another six (6) month extension of the GMQS allocations for Lots 5 and 6 of the Aspen Meadows Subdivision; and WHEREAS, the applicant also requests an extension of vested rights status, to coincide with the GMQS allocation extension; and 1 N ) 0 WHEREAS, the Planning Office, having reviewed the application recommends approval of a six (6) month extension of the GMQS allotments and vested rights approved in Ordinance 14, Series of 1991; and WHEREAS, the Aspen City Council, having considered the Planning Office's recommendation for the GMQS extension, does wish to grant another extension for six (6) months and extend vested rights status finding that the Aspen Institute requires more time to resolve legal issues and finalize purchase of Lot 5 without jeopardizing the option contract, Savanah requests to re-examine the affordable housing mitigation requirement which has increased significantly since the 1991 approval, and avoiding campus disruption as a result of summer construction activity is in the best interest of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1• Pursuant to Section 24-8-108 of the Municipal Code, City Council does hereby grant the applicant another six (6) month extension of the 1990 Residential GMQS allocation approved by Ordinance 14, Series of 1 1991, extended by Ordinance No. 22, Series of 1994, No. 10, Series of 1995, and No. 38, Series of 1995 for Lots 5 and 6 of the Aspen Meadows Subdivision beginning December 19, 1995, and ending June 19, 1996 with the following conditions: 1. The applicant shall excavate the pedestrian/bike trail to the top of the slope on Lot 6, as required in the insubstantial amendment to the Aspen Meadows Lots 5 and 6, to be completed by October 31, 1996. 2. The applicant shall eliminate the non-functioning trail lights along old Meadows Road by June 1, 1996. subject to approval by the Pedestrian and Bikeway Committee. 3. The applicant shall plant approximately 15-20 more trees along Meadows Road, consistent with the approved landscape plan. This shall be completed by July 1, 1996. In addition, the applicant is responsible for the relocation of several Aspen trees that have been planted in the trail easement by July 1, 1996. 4. The six (6) month extension shall begin at the date of expiration of the previous 6 month extension which is December 19, 1996 and expire on June 19, 1996. 0 • Section 2- Pursuant to Section 24-6-207 of the Municipal code, City Council does hereby grant the applicant an extension of vested rights status for the site specific development plan for Lots 5 and 6 of the Aspen Meadows Subdivision as approved by Ordinance 14, Series of 1991 and amended by Planning Office memo dated March 16, 1995, with the following conditions: The extension of vested rights shall be for six months to June 19, 1996. 2. The rights granted by the site specific development plan approved by this Ordinance and the insubstantial amendment shall remain vested for a total of five year from June 21, 1991, which was approved by Ordinance No. 14, Series and insubstantially amended. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. 3. The approval granted hereby shall be subject to all rights of referendum and judicial review. 4. 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 or the City provided that such reviews or approvals are not inconsistent with the approvals 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, building, fire, plumbing, electrical and mechanical 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 codes, unless an exemption therefrom is granted in writing. Section 3• 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 adoption hereof. Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5• This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. 3 • Section 6• A public hearing on the Ordinance shall be held on the 22nd day of January, 1996 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published one in a newsp� per of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED 1 UBLISHED as provided by law, by the City Council of the City of Aspen on the day of 1996. �,. /3' , <=, , ' ohn Bennett, Mayor ATT ST: Kathryn S. ch, City Clerk FINALLY, adopted, passed and approved this /a day of John Bennett, Mayor Kathryn S. och, City Clerk MEMORANDUM TO: Mayor and Council THRU: Amy Margerum, City Man er� �/ THRU: Stan Clauson, Community Development Director FROM: Suzanne Wolff, Planner DATE: July 8, 1996 RE: Aspen Meadows Lot 6 Residential GMQS and Vested Rights Extension Request - First Reading of Ordinance. Series of 1996 SL':,TNIARy: Savanah Limited Partnership, as owners of the units on Lot5 have requested an additional six month extension to their 1990 GMQS allotment for seven new multi -family units and to the vested rights granted for the development on Lot 6 of the Aspen Meadows Specially Planned Area. This request would extend the allocation and the vested rights to December 19. 1996. The application is attached as Exhibit A. The !ast extension Ordinance (Ordinance 6. Series of 1996) is included in Exhibit A. Staff recommends approval of a six (6 ) month extension of the GMQS ailocation and the extension of vested rights status, with conditions. APPLICANT: Savanah Limited Partnership, represented by Joe Wells BACYGROL'ND: Council approved the 1990 GMQS allocation for J new townhomes on Lot and % new townhomes on Lot 6 as part of the Aspen Meadows Spec'"v Planned Area development approval. The SPA was approved in early 1991. The GMQS allocations were due to expire June :1, 1994. In April of 1994. Savanah requested a six month extension on the GMQS and vested nzhts for Lots 5 and 6. Council granted the extension. The applicants have since requested and been granted extensions every six months, which have extended the allocations and vested rigiuts status to lone 19, 1996. On June 19. 1996, the applicant submitted a request for an additional extension. City policy has been that if an appiication for an extension is received before the expiration date of the vested rights, City Council will consider the request as timely bled even though the matter is scheduled by City Council for consideration after the expiration date. Lost 5 and 6 were included in a Notice of Lis Pendens recorded by Mohammad A. Hadid in connection with a lawsuit tiled by him against principals of Savannah Limited Partnership in April of 1995. While the Lis Pendens was in effect. Savanah was prohibited from selling, developing or financing either Lots 5 or 6. On November 15. 1995, the trial court ordered the Lis Pendens removed. Mr. Hadid subsequently released Lot 5 from the litigation so the Institute could proceed with the purchase of Lot 5, but filed an appeal of the court's order as it affects Lot 6 on June 3, 1996. Therefore, the Lis Pendens is still considered in effect pending a decision on appeal. STAFF CON0MNTS: Section 26.100.100 of the Aspen Municipal Code states that a development allotment and all other development approvals shall expire on the day after the third anniversan of the latest date of project approval, unless a building permit is obtained and the project is developed, or unless an exemption from or extension of the approval is obtained. For developments other than a subdivision, an application for extension shall be submitted prior to the third anniversary of the date of approval of a site specific development plan which shail demonstrate to the satisfaction of ciry council that: !at .-rose conditions applied to the proiect at the time ofits,finai rpproval tivnicn of the date ofQppiwere to have been met zs icanon for exemption nave been complied with: and RESPONSE: All improvements associated with the SPA have been compieted. As required by Ordinanc: 6. Series of 1996.:he non-functioning trail lights along old -Meadows Road have been removed. The appiicant is reouired to complete the excavation work forthe oedestrarlbike:ra-I to the too of the slope on Lot 6 prior :o October 31. 996. The appucant hopes to complete 'ne excavation work at the same time as the excavation work for the residentiai units to minimize disturbance to the site. Given the current status of the .litigation, it is unlikely that construction could begin before October 3 1. therefore.:he appiicant request that `te deadline for the trail excavation be extended to December 19. ' 996. to coincide with the expiration of this extension request. Removal of the trees from the trail and oiantine of additional trees along —Meadow Road wiil be the responsibility of the institute. (b) .any improvements which were required to be installed by the applicant prior to constntcrion of the project have been installed: RESPONSE: All the improvements which were required under the SPA Agreement have been completed. Although construction has not begun for Lots 5 and 6, the applicant shall be requuta to mitigate any construction damage to Aspen ?Meadows Road and a 1 " to 1.5" overlay is requi complete. red when the construction is Although the construction of the new units and the renovation of the existing townhomes has not begun, utilities have been installed and road upgrades completed. (c) The project has been diligently prQsued in ail reasonable respec s, and :he extension is in the best Interest of the community. RESPONSE: Staff notes that this is the fifth extension requested by the applicant. Staff recommended in February that no further extensions be granted for reasons bevond unforeseeable legal circumstances specific to the Lis ?endens. The Lis ?endens currently remains in piace on Lot 6 pending a decision on appeai. The applicant has expended considerable funds fer road construction, instailadon of utilities and landscaping in anticipation of the proposed project Also, the applicant is involved in negotiations to the property, and the potential purchaser has appe� before the Planning Commission and the Historic sell Preservation Commission to discuss changes to the nc change to the approval is currently being prepared• improved pro)ect An application for an insubstantial R.ECOKNIENDATTON: Staff recommends approval for a final six (6) month recommends that the extension for the 1990 Residential GMQS allocation an teextensio i Staff rights for Lot 6 of the Aspen Meadows Subdivision be extension of vested Specially Planned Area develo approved and amended in the Aspen Meadows development plan with the following conditions: ] Tile applicant shall excavate the pedestrian/bike trail to the top of the slope on Lot 6, as required the insubstantial amendment to the Aspen Meadows Lots 5 and 6, to be completed by December 19, 1996. The six (6) month extension shall begin at the date of Which is June 19, 1996 and shall expire on December expiration 996of he previous 6 month extension RECO: 1 VDED 1tOTION: "I move to approve Ordinance _ approving :he extension of the 1990 Residential GMQS allocation ands vested righries of 96. on first for L read* 6 of the Aspen Meadows Specially Planned Area to December 19, 1996.' CITY-'LA,,NAGER'S CONL'1EN7S: Exhibit A - extension Request ORDINANCE _ (SERIFS OF 1996) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH EXTENSION OF THE 1990 RESIDENTIAL GMQS ALLOTMENTS AND VESTED RIGHTS GRANTED BY ORDINANCE NO.14, SERIES OF 1991, AND EXTENDED BY ORDINANCE NO.22, SERIES OF 1994, ORDINANCE NO.10, SERIES OF 1995, ORDINANCE 38, SERIES OF 1995 AND ORDINANCE NO. 6, SERIES OF 1996, FOR SEVEN TOWNHOMES ON LOT 6 OF THE ASPEN MEADOWS SPECIALLY PLANNED AREA, CITY OF ASPEN, PTT1[1 COUNTY, COLORADO. WHEREAS, pursuant to Section Z6.100.100 of the Aspen Municipal Code, City Council may grant an extension of GMQS allocations up to six months for developments other than detached residential and duplex units: and WHEREAS, on June 10, 1991, City Council adopted Ordinance No. 14. Series of 1991, which approved the Aspen Meadows Specially Planned Area Final Development Plan and included residential - GMQS allocations: and WHEREAS, the GMQS development allotments included the construction of seven townhomes Lot 6: and WHEREAS, the development allotments expire on the day after the third anniversary of the date the GMQS allocations, or other development approvals, have been awarded: and WHEREAS, Council has granted four prior six-month extensions which extended the GMQS allocation and vested rights to June 19. 1996. and WHEREAS, the applicant, Savanah Limited Partnership, has requested another six (6) month extension of the GMQS allocations for Lot 6 of the Aspen Meadows Specially Planned Area: and WHEREAS, the applicant also requests an extension of vested rights status, to coincide with the GMQS allocation extension, and i Ordinance No. Series of 1996 Page WIfflUAS, the Community Development Department, having reviewed the application recommends approval of a six (6) month extension of the GMQS allotments and vested rights approved in Ordinance 14, Series of 1991; and WHEREAS, the Aspen City Council, having considered the Community Development Department's recommendation for the GMQS extension, does wish to grant another extension for six (6) months and extend vested rights status, finding that Savanah Limited Partnership has been unable to proceed with construction on Lot 6 pending resolution of litigation which prohibits Savanah from selling, developing or financing Lot 6. NOW, THEREFORE. BE IT ORDAINID BY THE CITY COUNCIL OF THE CM OF ASPEN, COLORADO: Pursuant to Section -'4-8-108 of the Municipal Code, Ciry Councii does herebv grant the applicant another six (6) month extension of the 1990 Residential GMQS ailocation approved by Ordinance 14. Series of 1991. extended by Ordinances No.:" Series of 1994. No. l0. Series of 1995. No. 38. Series of 1995. and No. 6, Series of 1996. for Lot 6 of the Aspen ':Meadows Subdivision beginning June 19, 1996, and ending December 19, 1996 with the following conditions: 1. I he applicant shall excavate the cedestriarvbike trail to the top of the slope on Lot 6, as reauired in the insubstantial amendment to the .-aspen Meadows Lots 5 and 6, to be compered by December 19, 1996. =. The six (6) month extension shall begin at the date of expiration of the previous 6 month extension which is December 19, 1996 and expire on June 19, 19%. Section I - Pursuant to Section 26.100.100 of the :aspen :Municipal Code, City Council does hereby grant the applicant an extension of vested rights status for the site specific development plan for Lot 6 of the Aspen Meadows Specially Planned Area as approved by Ordinance 14, Series of 1991 and insubstantially amended by Planning Office memo dated March 16, 1995, with the following conditions: 1 - The extension of vested rights shall be for six months to December 19, 1996. =• The rights granted by the site specific development plan approved by this Ordinance and the insubstantial amendment shall remain vested for a period of' ve years and six months from June 2 1, Ordinance No. Series of 1996 Page 3 1991. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. 3. The approval granted hereby shall be subject to all rights of referendum and judicial review. 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 or the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 5. 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. building, :ire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval. he developer shall abide by any and all such buiiding, tire, plumbing, electrical and mechanicai codes, unless an exemption therefrcm is granted in writing. The City Cleric shail cause notice of this Ordinance to be published in a newspaper of _enema circulation within the City of .-aspen no iater han fourteen (14) days following final adoption hereof. If anv section, subsection, sentence, caause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. A public hearing on the Ordinance shall be held on the 12th day of august, 1996 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of :he same shall be published one in a newspaper of general circulation within the City of Aspen. INTRODtiCED, READ RIND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 8th day of July, 1996. John Bennett. Mayor • Ordinance No. Series of 1996 Page 4 ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of . . 1996. John Bennett Mayor ATTEST: Kathn-n S. Koch, City Cleric Exhi�it A Request for Extension from GMQS Expiration Deadlines for the Aspen Meadows Multi -Family Project Approved for Lot 6 This application is submitted on behalf of 'Savanah Limited Partnership, owner of Lot 6, Aspen Meadows Specially Planned Area. Savanah requests an additional extension of six months in the expiration of the growth management allocations for the seven multi -family units approved by the City on Lot 6 (the Tennis Townhomes site) as well as an extension of the vested rights granted by the City for the project approved for this lot. Over the course of the 'last twentv-four months, Savanah has worked closelv with the Asen 1<^,stitry to develo tute and with third parties to p a c zro-deveior)ment scenario which will better serve the Institute's long-te= needs for additional housing for its participants. These negotiations previously led to the Aspen Institutes entering into a contract to purchase Lot 5 :rom a �- Savanah. However, in ADr.I of 1995, Zoth Lot and Lot 6 were included in a Not:ce or _a P-riders recorded by Moha : ^lad A. Hadid in connec-ion with a 'awsui: :_led by =i against principals of Savanant Lim1red Par`nersn ip. Savanah vigorousiv defended against he salt at considerabie expense, and on November 15, 99=, the trial court ordered the Lis Pendens removed. Although Mr. Hadid previousiv released Lot from the litigation so that the Institute could proceed with its purchase, Mr. Hadid ::led, on or about June 3, 1996, an appeal of t.' ,e court's order as it affecs Lot 6. Savanah :tas been advised by its legal counsel that under the law, the Lis Pendens remains in place on Lot 6 pending a decision on appeal. The practical effect of the recorded presence of the Lis Pendens is that, through no fault of its own, Savanah is, and for the past 1Z months has been, - utterly incapable of doing anything with respect to Lot 6 either Belli^�g, developing or financing the lot. Once Lot 3 was released from the Ls Pendens, the Aspen Institute was able to proceed with its purchase of Lot 3 `torn Savanah and its purchase closed on or about A. February 6, 1996. The Institute, now that it has purchased Lot 3, has been truing to determine how to proceed with construction work on the Trustee Houses in a way whicc-i will minimize disr.:ptions to the cultural and academic programs at the 1 Meadows. It is Savanah's understanding that the Institute has filed a separate extension request for its approvals for Lot 5. In addition to the problems created by the pending litigation, Savanah is presently involved in sales negotiations regarding Lot 6. The potential purchaser has appeared before the Planning and Zoning Commission and the Historic Preservation Committe to discuss certain changes which the purchaser wishes to make to the project previously approved for Lot 6 and to request that the City allow these changes to be reviewed under the Insubstantial Amendment procedures of the land use code. The City has now agreed that these changes may be reviewed under the Code provisions ?which apply to Insubstantial Amendments. An application for these charges is presently being prepared and is expected to be submitted in the near nature. A. Background: Under t':e provisions of Sec. 8-108(A)C), develcprnent ailotr.+.ents and all other development approvals are deerned to expire on the cap after the third anniversart. of :he projec -'s final development approval, unless a building permit is obtained and the project is developed, or unless an extension of the approval is obtained. Tne approvals for Lot 6 are now scheduled to expire on June 19, 1996 1. In March 1994, Sav anah submitted building permit applications for the two multi- family projects proposed for Lot S and Lot 6 in anticipation of obtaining building pe_�ats to begin construction of these two projects by the original deadline in 1 Sec. 6--70 (cj of `he Code provides Uhat in those matters in which the Council has final approval, that approval shall be by ordinance. A site spec:hc development plan shall be deemed approved on the '-effective date" of the approving ordinance. The effective date of Ordinance 14/91, under don the C: ✓ granted F;� SPA Development Plan approval to the As pen days after -`Le date of publication of the ordinance following its auvrovalal on June 10; in otheer words, the effective date of the ordinance was June 20, 1991. Therefore, the GM QS for the two multi -family residential rojec� in the allocations and vested rights on June Z_. 1994- under Ordinance "I/ 94, ` Meadows SPA were originally due to expire Ordinance 10/95, Ordinance 38/95 and Ordinance 6/%, City Council previously granted extensions of six months each and the approvals are therefore now due to expire on j une 19, :996, June, 1994. However, for scheduling reasons, Savanah hoped to postpone commence- ment of construction of the seven new townhouse units on Lot 6 until the fall of 1994 and then begin renovation and enlargement of the Trustee Houses and construction of the three new units on Lot 5 in the fall of 1995. Therefore, Savanah requested and received approval of an extension in the date of expiration of the GMQS allocations and vested rights for these residential projects from June 21, 1994 to December 21,1994. Subsequent to the granting of the original extension, someunforeseen zoning issues arose with regard to these two projects as a result of City zoning staff review of the pending building permit applications. These issues promoted Savanah, in October 1994. to seek two administrative amendments to the prior SPA approval. The Planning staff reached a decision regarding these two adminisrative amendments as documented in their March 16, 1995 memo. In the -neanti: e, pending a resolution of the proposed amendments, Savanah was 7 anted a second extension to June 19, 1995. Savanah and the Aspen Lnstitute were granted a third extension to December 19, 1995 after the Aspen Institute entered into the option contract to purchase Lot 5, to allow additional time to plan the phasing or construction by the two separate organizations. _ EinaLv, Savanah and the aspen Institute were granted a fourth extension to June -, 1996 (see Ordinance 6/96, attached as Exhibit A) because of the pending Lis Pendens, which effectively prevented the transfer of ownership of either Lot 5 or Lot 6. It remains a goal of both Savanah and the Aspen Institute to minimize the disrsption on the summer programs of the non-profit organizations by carefully stagTmg construction of the two projects at different times, if possible. B. Extension of GMQS Expiration Provisions for Lots 5 and 6: Lander the provisions of Sec. 8-108(A)(=), multi -family developments shall be eligible for extension of the GMQS expiration provisions. To obtain an extension, an application for extension shall be submitted prior to the approval deadline which 3 • shall demonstrate to the satisfaction of City Council that the following three conditions in bold have been met (the Parties' response to these conditions follows each condition): (a) Those conditions applied to the project at the time of its final approval which were to have been met as of the date of application for exemption have been complied with [Sec. 8-108(A)(2)(a)]. To the best of the applicant's knowledge, all of the conditions which were applied to the Project under the original SPA Agreement which were Savanah's obligation to fulfill have been satisfied. When City Council granted the six month extension of the 1990 Residential GMQS allocation under Ordinance 14, Series of 1991 to June 19, 1996, the approval was subject to the following additional conditions: 1. The applicant shall excavate the pedestrianlbike trail to the top of the clove on Lot 6, as required in the insubstantial amendment to the Aspen Meadows Lots 3 and 6, to be completed by October 31, 1996. or several seasons, the re ;wired excavation work for me -raii ^as not vet been compieted. First, it has been avana-'S .ntenr to cornpiece .ne excavation work for the trail at the same time as excavaron work for the residential units, to avoid the necessity of bringing equipment to the site twice. Seconcily, before the trail work can be undertaken, 1--he Institute needs to complete the relocation o-t trees which are located within the trail easement. Finally, it would be preferable to coordinate the excavation work for the trail with the City's plans for he remainder of he trail down the hillside. Savanah has not been made aware of the Citv's clans if the City has, in fact, established a final plan for that portion of the trail. Given the appeal of the judge's earlier decision to remove the Lis Pendens, it is unlikely that the litigation will be resolved in time to allow construction to bean on the residential project by October 31. The applicant therefore requests that the date for completion of the trail excavation be extended to the exciration date of this extension recuest, or until December 19, 1996. 4 Z. The applicant shall eliminate the non-functioning trail lights along old Meadows Road by June 1, 1996, subject to approval by the Pedestrian and Bikeway Committee. The non-functioning trail lights have been removed. 3. The applicant shall plant approximately 15-20 more trees along Meadows Road, consistent with the approved landscape plan. This shall be completed by July 1,1996. In addition, the applicant is responsible for the relocation of several Aspen trees that have been planted in the trail easement by July 1,1996. It is Savanah's understanding that a Parks Department staff member has identified 15 to 20 additional trees on the :? spen Lnstitute parcel which - their opinion need to 1-de ianted to Orin 1 p g the project into compliance with the SPA landscape plan. The Institute has addressed the issue of the additional trees identified on their parcel in their extension request Hied sevarately. The Institute has agree, to relocate the aspen trees previously pianted in the :rail easement. 4. The six (6) month extension shall begin at the date or" expiration of the previous 6 month extension which is December 19, 1995 and expire on June 19,1996. The applicant is now requesting an additional six-month extension, to December 1_9, 1996. (b) Any improvements which were required to be installed by the applicant prior to construction of the project have been installed [Sec. 8- 108(A)(.)(b)]. All of the improvements which were required to be installed under the SPA Agreement have now been completed, except as discussed above. (c) The project has been diligently pursued in all reasonable respects, and the extension is in the best interests of the community [Sec. 8-108(A)(2)(c)]. Despite the :act that actual construction of the new residential units has not begun, Savanah has nonetheless expended well over one million dollars in road 3 0 } 0 construction, installation of utilities and landscaping in anticipation of the residential building program. The Consortium members have diligently pursued completion of the project while working within the constraints of the fund-raising efforts of the non-profit organizations and the interruptions in construction during a large majority of the summer building season which were previously agreed to. These were recognized concerns spelled out by the parties to the SPA Agreement. The project infrastructure is in place and most of the new and renovated facilities are now complete. Savanah has diligently pursued a building permit for the project which is the subject of this request and has worked closely with City staff to resolve unforeseen zoning issues. The applicant has been Linable to proceed with the project because of the pendirig litigation. Savanah believes that the additional extension :s clearly in the best interests of the community. In surnman , Savanah is recuesting an extension of the GNiQS exrirarion provisions -or the allocations --anted to the seven townhouse units on Lot 6 as well as vested rights for the project for a period not to exceed six additional months. Tnis extension is recuested in order to allow Savanah additional time to resolve- the pending litigation and to insubstantiallv amend its prior arrrcval, as recentiv discussed with the City. R SAVANA.H LZA= PARTNERSHIP I"' Century Park East, Suite I900 Los Angeles, California 90067 Tel. (310) 229-2929 / Fax (310) 229-2939 June 6, 1996 Mr. Stan Clauson Director of Community Development City of Aspen 130 S. Gaiena Street Aspen, Colorado 81611 Dear -Mr. C:auson: I am writing to you on be:,alf of Savanah Limited Partnership, owner of Lot 5, Aspen Meadows Spe- ally P?arned Area. Savariah has authorized the preparation by 7osech Wells Land Planning of :he anac�ea c ho ro r.,..s�cr. ; _dt:e t :, r sidential Growth -Management 4uota Systems approvals and rested rights °ranted :or these lots under OrdinanCe ^� 14, Series of 1991. During the processing of his application, Savanah wiil be recresented by John Sarpa and Joseph Wells. Please contact John at 925-42 ; 2 or Jae at 925-8080 if you have any iruornaticn. questions or need additional *Czr ely fours, ORB Tf Artac:unents U:1L'SERS'AGE:VE+RA:;.IWP,,OR3'.CL,k SON.606 0 0 Exhibit A ORDLNANCE 6 (SERIES OF 1996) AN ORDINANCE OF THE ASPEN CITY COL;NCIL GRANTING A SLY MONTH EXTENSION OF THE 1990 RESIDENTIAL G-YIQS ALLOTMENTS AND VESTED RIGHTS GRANTED BY ORDINANCE NO.14, SERIES OF 1991, AND EXTENDED BY ORDINANCE NO.22, SERIES OF 1994. AND EXTENDED BY ORDINANCE NO. 10, SERIES OF 1995. AND EXTENDED BY ORDINANCE 38, SERIFS OF 1995 FOR THREE TOWNHOMES ON LOT 5 AND SEVEN TON1,'NHONVIES ON LOT 6 OF THE ASPEN lV1EADOWS SUBDIVLSION, CITY OF ASPEN, P=N COUNTY, COLORADO. WHEREAS, pursuant to Section 24-8-108 of the aspen Municipal Code, City Council may giant an extension of GMQS allocations up to sic months for developments other than detached resident:--i and duplex units: and WHEREAS, on June 10. 1991, City Council adopted Ordinance No. I4, Series of 1991. --. � ic- approved the aspen Meadows Specially Planned area Final Development Plan and included resi::eraiai GMQS ai'cccticns: and �V HEREAS, the GMQS -Je%:eiooment allctments included the constmsc:ier.:,f IO :o%vnhe-es cn wo parcels. Lou 5 and 6: and WHEREAS, the development allotments axpire on the day after the third anniversary of the date the G:,,1QS ailocations, or other development approvals, have been awarded: and WHEREAS. Council has zanted three prior six-month extensions which, extended the GMQS allocation and vested rights to December 19, 1995: and WHEREAS, the applicant. Savanah Limited Partnership, has requested another six () month extension of the GMQS allocations for Lots 5 and 6 of the aspen Meadows Subdivision: and WHEREAS, the appiica.�tt also requests an extension of vested rights status, to coincide :with the GMQS allocation extension: and WHEREAS, the Planning Office, having reviewed the application recommends approval of a sir (6) month extension of the GMQS allotments and vested rights approved in Ordinance 14, Series of 1991; and WI.-LEREAS, the Aspen Citv Council, having considered the Planning of rice's recommendation for the GM1QS extension, does wish to grant another extension for six (6) months and extend vested rights status finding that the Aspen Institute requires more time to resolve legal issues and finalize purchase of Lot 5 without jeopardizing the option contract, Savanah requests :o re-examine the affordable housin- mitigation requirement Which has increased significantly since the 1991 approval, and avoiding campus disruption as a resuit of summer construction activity is in the best interest of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COL'rCII. OF THE CITY OF ASPEN', COLOR -ADO: Section 1 Pursuant to Section=-t-3-108 of the `lunicipai Code, C:tv Council does hereby meant the applicant another �i six (6) month extension of the 1990 Residentiai-GMQS allocation approved by Ordinance 14, Series of 1991, extended by Ordinance No, Series of 1994, No. 10, Series of 1995, and No. 38, Series of 1995 for Lots 5 and 5 of the Aspen Meadows Subdivision beginning December 19, 1995, and ending June 19, 1996 with the following conditions: 1. The applicant shall excavate the pedestrian/bike trail to the top of the slope on Lot 6, as required in :he insuostantial amendment to the Aspen Meadows Lots 5 and 6, to be completed by October 31, 1996. _'. The applicant shall eliminate the non-functioning trail lights along old :Meadows Road by June 1, 1996. subjec: to approval by the Pedesman and Bikeway Committee. 3. T`:e applicant shall plant approximately 15-20 more trees along Meadows Road, consistent with the approved landscape pian. This shall be completed by July 1, 19%. in addition, the applicant is responsible for the relocation of several Aspen trees that have been planted in the trail easement by July 1, 1996. 4. The six (6) month extension shall begin at the date of expiration of the previous 6 month extension which is December 19, 1996 and expire on June 19, 1996. 2 Section Pursuant to Section 24-64207 of the Municipal code, City Council does hereby ;rant the applicant an extension of vested rights status for the site specific development plan for Lots 5 and 6 of the Aspen Meadows Subdivision as approved by Ordinance 14, Series of 1991 and amended by Planning Office memo dated March 16, 1995, with the following conditions: i 1. The extension of vested rights shall be for six months to June 19, 1996. 2. The rights granted by the site specific development plan approved by this Ordinance and the insubstantial amendment shall remain vested for a total of five year from June 21. 1991. which was approved by Ordinance No. 14, Series and insubstantially amended. However, anv faiiure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested propery rights. 3. The approval -nted hereby shall be subject to all rights of referendum and judicial revie% . a. Nothing in the approvals crovided in this Ordinance shall exempt the site specific de•:elournent plan from subsequent revie•xs and or approvais required by ;his Ordinance or :he generai :lies. regulations or ordinances or the City provided that such reviews or approvals are net inconsistent with the approvals granted and vested herein. 5. :he establishment herein of a vested properrn, neht shall not preciude :.he applicat:cri of ordinances or mznattons which are aenerai in nature and are appiicabie to all pro.erty subject to :and use regulation by the City of .yspen including, but not limited to, ounding, ~:e. piumb=. eiectrcai and mechanical codes. in this regard. as a condition of this site development approval, the .e•:eioper shall abide by any and -ail suc: building, :ire, piumbing, eiec:ricai and mechanical codes. unless an axemption therefrom is -anted in writing. _ Section 3• The City C:erk shall cause notice of this Ordinance to be published in a newspaper of general circulauon within the C:ry of Aspen no later tan fourteen (14) days following final adopticn nereof. Section 4• :f anv section, subsection. sentence. --cause. phrase or portion of this ordinance is for any reason held invalid or unconstitutienai by any court 3f competent jurisdiction, such provision and such holding shall not ai;ect the validity of the remaining portions thereof. Section :his Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. 3 Section 6. A public hearing on the Ordinance shall be held on the Council Chambers, n Ci 22nd �Y of January, 1996 at 5:00 p.M, � the City notice it the � ty He' Aspen Colorado, fifteen (15) days prior to which hearing a public same shall be published one in a newspi'per of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED "UBLIS HED as provided by law, by the City Council of the Ciry of Aspen on the�_day of 1996. ATTEST: Kathryn S. K' h, City —Clerk � 3�t- ohn Bennett, Ytayor FLNALLY, adopted. passed and approved this /Z .�/ --_day of 996. S � John Bennett, ,favor 'may KathM - och. City Clerk — 41 Joseph Wells Land Planning, Inc. 602 Midland Park Place Aspen, Colorado 81611 Phone: 970.925.8080 Facsimile: 970.925.8275 June 17, 1996 ,J w ('i 1 8 1996 Mr. Stan Clauson Director of Community Development, City of Aspen 130 S. Galena Street Aspen, CO 81611 Dear Mr. Clauson: I am writing to you on behalf of Savanah Limited Partnership, owner of Lot 6, Aspen Meadows Specially Planned Area. Savanah is requesting review and approval by the City Council of the attached extension request for the residential Growth Management Quota System approvals granted for this lot under Ordinance 14, Series of 1991. Please contact John Sarpa at 925-4272 or me if you have any questions or need additional information. ce ly yours, Joseph Wells, AICP Request for Extension from GMQS Expiratio D04OMes1996 for the Aspen Meadows Multi -Family Project Ap rovgd ar-E This application is submitted on behalf of Savanah Limited Partnership, owner of Lot 6, Aspen Meadows Specially Planned Area. Savanah requests an additional extension of six months in the expiration of the growth management allocations for the seven multi -family units approved by the City on Lot 6 (the Tennis Townhomes site) as well as an extension of the vested rights granted by the City for the project approved for this lot. Over the course of the last twenty-four months, Savanah has worked closely with the Aspen Institute and with third parties to try to develop a co -development scenario which will better serve the Institute's long-term needs for additional housing for its participants. These negotiations previously led to the Aspen Institute's entering into a contract to purchase Lot 5 from Savanah. However, in April of 1995, both Lot 5 and Lot 6 were included in a Notice of Lis Pendens recorded by Mohammad A. Hadid in connection with a lawsuit filed by him against principals of Savanah Limited Partnership. Savanah vigorously defended against the suit at considerable expense, and on November 15, 1995, the trial court ordered the Lis Pendens removed. Although Mr. Hadid previously released Lot 5 from the litigation so that the Institute could proceed with its purchase, Mr. Hadid filed, on or about June 3, 1996, an appeal of the court's order as it affects Lot 6. Savanah has been advised by its legal counsel that under the law, the Lis Pendens remains in place on Lot 6 pending a decision on appeal. The practical effect of the recorded presence of the Lis Pendens is that, through no fault of its own, Savanah is, and for the past 12 months has been, utterly incapable of doing anything with respect to Lot 6 - i.e., either selling, developing or financing the lot. Once Lot 5 was released from the Lis Pendens, the Aspen Institute was able to proceed with its purchase of Lot 5 from Savanah and its purchase closed on or about February 6, 1996. The Institute, now that it has purchased Lot 5, has been trying to determine how to proceed with construction work on the Trustee Houses in a way which will minimize disruptions to the cultural and academic programs at the 1 • Meadows. It is Savanah's understanding that the Institute has filed a separate extension request for its approvals for Lot 5. In addition to the problems created by the pending litigation, Savanah is presently involved in sales negotiations regarding Lot 6. The potential purchaser has appeared before the Planning and Zoning Commission and the Historic Preservation Committe to discuss certain changes which the purchaser wishes to make to the project previously approved for Lot 6 and to request that the City allow these changes to be reviewed under the Insubstantial Amendment procedures of the land use code. The City has now agreed that these changes may be reviewed under the Code provisions which apply to Insubstantial Amendments. An application for these changes is presently being prepared and is expected to be submitted in the near future. A. Background: Under the provisions of Sec. 8-108(A)(2), development allotments and all other development approvals are deemed to expire on the day after the third anniversary of the project's final development approval, unless a building permit is obtained and the project is developed, or unless an extension of the approval is obtained. The approvals for Lot 6 are now scheduled to expire on June 19, 1996 1. In March 1994, Savanah submitted building permit applications for the two multi- family projects proposed for Lot 5 and Lot 6 in anticipation of obtaining building permits to begin construction of these two projects by the original deadline in 1 Sec. 6-207(c) of the Code provides that in those matters in which the Council has final approval, that approval shall be by ordinance. A site specific development plan shall be deemed approved on the "effective date" of the approving ordinance. The effective date of Ordinance 14/91, under which the City granted Final SPA Development Plan approval to the Aspen Meadows, was five business days after the date of publication of the ordinance following its approval on June 10; in other words, the effective date of the ordinance was June 20, 1991. Therefore, the GMQS allocations and vested rights for the two multi -family residential projects in the Aspen Meadows SPA were originally due to expire on June 21, 1994. Under Ordinance 22/94 , Ordinance 10/95, Ordinance 38/95 and Ordinance 6/96, City Council previously granted extensions of six months each and the approvals are therefore now due to expire on June 19,1996. 2 June, 1994. However, for scheduling reasons, Savanah hoped to postpone commence- ment of construction of the seven new townhouse units on Lot 6 until the fall of 1994 and then begin renovation and enlargement of the Trustee Houses and construction of the three new units on Lot 5 in the fall of 1995. Therefore, Savanah requested and received approval of an extension in the date of expiration of the GMQS allocations and vested rights for these residential projects from June 21, 1994 to December 21, 1994. Subsequent to the granting of the original extension, some unforeseen zoning issues arose with regard to these two projects as a result of City zoning staff review of the pending building permit applications. These issues prompted Savanah, in October 1994, to seek two administrative amendments to the prior SPA approval. The Planning staff reached a decision regarding these two administrative amendments as documented in their March 16, 1995 memo. In the meantime, pending a resolution of the proposed amendments, Savanah was granted a second extension to June 19, 1995. Savanah and the Aspen Institute were granted a third extension to December 19, 1995 after the Aspen Institute entered into the option contract to purchase Lot 5, to allow additional time to plan the phasing of construction by the two separate organizations. Finally, Savanah and the Aspen Institute were granted a fourth extension to June 19, 1996 (see Ordinance 6/96, attached as Exhibit A) because of the pending Lis Pendens, which effectively prevented the transfer of ownership of either Lot 5 or Lot 6. It remains a goal of both Savanah and the Aspen Institute to minimize the disruption on the summer programs of the non-profit organizations by carefully staging construction of the two projects at different times, if possible. B. Extension of GMQS Expiration Provisions for Lots 5 and 6: Under the provisions of Sec. 8-108(A)(2), multi -family developments shall be eligible for extension of the GMQS expiration provisions. To obtain an extension, an application for extension shall be submitted prior to the approval deadline which 3 shall demonstrate to the satisfaction of City Council that the following three conditions in bold have been met (the Parties' response to these conditions follows each condition): (a) Those conditions applied to the project at the time of its final approval which were to have been met as of the date of application for exemption have been complied with [Sec. 8-108(A)(2)(a)]. To the best of the applicant's knowledge, all of the conditions which were applied to the Project under the original SPA Agreement which were Savanah's obligation to fulfill have been satisfied. When City Council granted the six month extension of the 1990 Residential GMQS allocation under Ordinance 14, Series of 1991 to June 19, 1996, the approval was subject to the following additional conditions: 1. The applicant shall excavate the pedestrianlbike trail to the top of the slope on Lot 6, as required in the insubstantial amendment to the Aspen Meadows Lots 5 and 6, to be completed by October 31,1996. For several reasons, the required excavation work for the trail has not yet been completed. First, it has been Savanah's intent to complete the excavation work for the trail at the same time as excavation work for the residential units, to avoid the necessity of bringing equipment to the site twice. Secondly, before the trail work can be undertaken, the Institute needs to complete the relocation of trees which are located within the trail easement. Finally, it would be preferable to coordinate the excavation work for the trail with the City's plans for the remainder of the trail down the hillside. Savanah has not been made aware of the City's plans if the City has, in fact, established a final plan for that portion of the trail. Given the appeal of the judge's earlier decision to remove the Lis Pendens, it is unlikely that the litigation will be resolved in time to allow construction to begin on the residential project by October 31. The applicant therefore requests that the date for completion of the trail excavation be extended to the expiration date of this extension request, or until December 19, 1996. 4 2. The applicant shall eliminate the non-functioning trail lights along old Meadows Road by June 1,1996, subject to approval by the Pedestrian and Bikeway Committee. The non-functioning trail lights have been removed. 3. The applicant shall plant approximately 15-20 more trees along Meadows Road, consistent with the approved landscape plan. This shall be completed by July 1,1996. In addition, the applicant is responsible for the relocation of several Aspen trees that have been planted in the trail easement by July 1,1996. It is Savanah's understanding that a Parks Department staff member has identified 15 to 20 additional trees on the Aspen Institute parcel which in their opinion need to be planted to bring the project into compliance with the SPA landscape plan. The Institute has addressed the issue of the additional trees identified on their parcel in their extension request filed separately. The Institute has agreed to relocate the aspen trees previously planted in the trail easement. 4. The six (6) month extension shall begin at the date of expiration of the previous 6 month extension which is December 19, 1995 and expire on June 19,1996. The applicant is now requesting an additional six-month extension, to December 19, 1996. (b) Any improvements which were required to be installed by the applicant prior to construction of the project have been installed [Sec. 8- 108(A)(2)(b)]. All of the improvements which were required to be installed under the SPA Agreement have now been completed, except as discussed above. (c) The project has been diligently pursued in all reasonable respects, and the extension is in the best interests of the community [Sec. 8-108(A)(2)(c)]. Despite the fact that actual construction of the new residential units has not begun, Savanah has nonetheless expended well over one million dollars in road E • • construction, installation of utilities and landscaping in anticipation of the residential building program. The Consortium members have diligently pursued completion of the project while working within the constraints of the fund-raising efforts of the non-profit organizations and the interruptions in construction during a large majority of the summer building season which were previously agreed to. These were recognized concerns spelled out by the parties to the SPA Agreement. The project infrastructure is in place and most of the new and renovated facilities are now complete. Savanah has diligently pursued a building permit for the project which is the subject of this request and has worked closely with City staff to resolve unforeseen zoning issues. The applicant has been unable to proceed with the project because of the pending litigation. Savanah believes that the additional extension is clearly in the best interests of the community. In summary, Savanah is requesting an extension of the GMQS expiration provisions for the allocations granted to the seven townhouse units on Lot 6 as well as vested rights for the project for a period not to exceed six additional months. This extension is requested in order to allow Savanah additional time to resolve the pending litigation and to insubstantially amend its prior approval, as recently discussed with the City. '-*VANAH LMTED PARTNERSHIP• 1925 Century Park East, Suite 1900 Los Angeles, California 90067 Tel. (310) 229-2929 / Fax (310) 229-2939 June 6, 1996 Mr. Stan Clauson Director of Community Development City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Dear Mr. Clauson: I am writing to you on behalf of Savanah Limited Partnership, owner of Lot 5, Aspen Meadows Specially Planned Area. Savanah has authorized the preparation by Joseph Wells Land Planning of the attached extension request for the residential Growth Management Quota Systems approvals and vested rights granted for these lots under Ordinance 14, Series of 1991. During the processing of this application, Savanah will be represented by John Sarpa and Joseph Wells. Please contact John at 925-4272 or Joe at 925-8080 if you have any questions or need additional information. Attachments U:\USERS\GENERAL\WP\ORB\CLAUSON.606 " 0 Exhibit A ORDINANCE 6 (SERIES OF 1996) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH EXTENSION OF THE 1990 RESIDENTIAL GMQS ALLOTMENTS AND VESTED RIGHTS GRANTED BY ORDINANCE NO.14, SERIES OF 1991, AND EXTENDED BY ORDINANCE NO.22, SERIES OF 1994, AND EXTENDED BY ORDINANCE NO. 10, SERIES OF 1995, AND EXTENDED BY ORDINANCE 38, SERIES OF 1995 FOR THREE TOWNHOMES ON LOT 5 AND SEVEN TOWNHOMES ON LOT 6 OF THE ASPEN MEADOWS SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, pursuant to Section 24-8-108 of the Aspen Municipal Code, City Council may grant an extension of GMQS allocations up to six months for developments other than detached residential and duplex units; and WHEREAS, on June 10, 1991, City Council adopted Ordinance No. 14, Series of 1991. which approved the Aspen Meadows Specially Planned Area Final Development Plan and included residential GMQS allocations; and WHEREAS, the GMQS development allotments included the construction of 10 townhomes on two parcels, Lots 5 and 6; and WHEREAS, the development allotments expire on the day after the third anniversary of the date the GMQS allocations, or other development approvals, have been awarded; and WHEREAS, Council has granted three prior six-month extensions which extended the GNIQS allocation and vested rights to December 19, 1995; and WHEREAS, the applicant, Savanah Limited Partnership, has requested another six (6) month extension of the GMQS allocations for Lots 5 and 6 of the Aspen Meadows Subdivision: and WHEREAS, the applicant also requests an extension of vested rights status. to coincide with the GMQS allocation extension; and 1 0 1 ) 0 WHEREAS, the Planning Office, having reviewed the application recommends approval of a six (6) month extension of the GMQS allotments and vested rights approved in Ordinance 14, Series of 1991; and WITEREAS, the Aspen City Council, having considered the Planning Office's recommendation for the GMQS extension, does wish to grant another extension for six (6) months and extend vested rights status finding that the Aspen Institute requires more time to resolve legal issues and finalize purchase of Lot 5 without jeopardizing the option contract, Savanah requests to re-examine the affordable housing mitigation requirement which has increased significantly since the 1991 approval, and avoiding campus disruption as a result of summer construction activity is in the best interest of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1• Pursuant to Section 24-8-108 of the Municipal Code, City Council does hereby grant the applicant another six (6) month extension of the 1990 Residential GMQS allocation approved by Ordinance 14, Series of 1991, extended by Ordinance No. 22, Series of 1994, No. 10, Series of 1995, and No. 38, Series of 1995 for Lots 5 and 6 of the Aspen Meadows Subdivision beginning December 19, 1995, and ending June 19, 1996 with the following conditions: 1. The applicant shall excavate the pedestrian/bike trail to the top of the slope on Lot 6, as required in the insubstantial amendment to the Aspen Meadows Lots 5 and 6, to be completed by October 31, 1996. 2. The applicant shall eliminate the non-functioning trail lights along old Meadows Road by June 1. 1996. subject to approval by the Pedestrian and Bikeway Committee. 3. The applicant shall plant approximately 15-20 more trees along Meadows Road, consistent with the approved landscape plan. This shall be completed by July 1, 1996. In addition, the applicant is responsible for the relocation of several Aspen trees that have been planted in the trail easement by July 1, 1996. 4. The six (6) month extension shall begin at the date of expiration of the previous 6 month extension which is December 19, 1996 and expire on June 19, 1996. 6 • • Section 2: Pursuant to Section 24-6-207 of the Municipal code, City Council does hereby grant the applicant an extension of vested rights status for the site specific development plan for Lots 5 and 6 of the Aspen Meadows Subdivision as approved by Ordinance 14, Series of 1991 and amended by Planning Office memo dated March 16, 1995, with the following conditions: The extension of vested rights shall be for six months to June 19, 1996. 2. The rights granted by the site specific development plan approved by this Ordinance and the insubstantial amendment shall remain vested for a total of five year from June 21, 1991, which was approved by Ordinance No. 14, Series and insubstantially amended. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. The approval granted hereby shall be subject to all rights of referendum and judicial review. 4. 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 or the City provided that such reviews or approvals are not inconsistent with the approvals 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, building, fire, plumbing, electrical and mechanical 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 codes, unless an exemption therefrom is granted in writing. Section 3• 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 adoption hereof. Section 4• If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 5• This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. 3 • • Section 6: A public hearing on the Ordinance shall be held on the 22nd day of January, 1996 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published one in a newspcper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED SUBLISHED as provided by law, by the City Council of the City of Aspen on the day of I? 1 1996. ohn Bennett, Mayor ATT ST: Kathryn S. ch, City Clerk FINALLY, adopted, passed and approved this /a day of John Bennett, Mayor Kathryn'12 S. och, City Clerk 4