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HomeMy WebLinkAboutcoa.lu.gm.845 Meadows Rd.A46-96 CASE'" <\.D SUMMARY SHEET. CITY OF "'PEN DATE RECEIVED: 7/2/96 DATE COMPLETE: PARCEL ID # 2735-122-31-003 CASE # A46-96 STAFF: Suzanne WoW PROJECT NAME: Aspen Meadows: Trustee Townhomes Lot 6 GMQS Extension Project Address: 845 Meadows Rd., Aspen APPUCANT: 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 # APPS RECEIVED 1 ENGINEER $0 # PLATS RECEIVED 1 HOUSING $0 ENV HEALTH $0 TYPE OF APPUCATION: TOTAL $1050 One Step AMT, RECEIVED $1050 P&Z CC CC (2nd readin ) REFERRALS: D City Attorney D City Engineer D Zoning D Housing D Environmental Health D Parks D Aspen Fire Marshal D City Water D City Electric D Clean Air Board D Open Space Board D Other: D CDOT D ACSD D Holy Cross Electric D Rocky Mtn Natural Gas D Aspen School District D Other: DATE REFERRED: INITIALS: DATE DUE: APPROVAL: OrdinanceIResolution # Staff Approval Plat Recorded: Date: Date: Book ,Page CLOSED/FlLED ROUTE TO: DATE: INITIALS: " '-<VI'~ -."...' MEMORANDUM TO: Mayor and Council (\ \ \ / Amy Margerum, City ManageWl Stan Clauson, Community Development Direc~ Suzanne Wolff, Planner THRU: THRU: FROM: 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 ofa 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 199 L 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 ~~t/v-o r ~.." -".,.' .,'-: 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 pedestrian/bike 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 I" 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: L 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 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: EXIllBITS: Exhibit A - Extension Request 3 " , ') Joseph Wells Land Planning, Inc. 602 Midland Park Place Aspen, Colorado 81611 Phone: 970.925.8080 Facsimile: 970.925.8275 \PclIEClEijVIElD.l JUN 1 8 1996 .....------------ June 17, 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. Joseph Wells, AICP '> 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 5ee. 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 5P A 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 J 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 See. 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)j. 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 5 ') 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. 6 ..,A V ANAH LIMITED P ARTNERSHIP--"> 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. I e \1 you~~, ( ORB: . Attachments U:\USERS\GENERAL\ WPlORB\CLAUSON.606 Exhibit A 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 GRA.c"iTED 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 EXTE~l)ED BY ORDINANCE 38, SERIES OF 1995 FOR THREE TOWNHOMES ON LOT 5 A.:\l) 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 GMQS 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 starns, to coincide with the GMQS allocation extension; and 1 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 ORDA~'ED 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 I, 1996. subject to approval by the Pedestrian and Bikeway Conunittee. 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 I, 1996. In addition, the applicant is responsible for the relocation of several Aspen trees that have been planted in the trail easement by July I, 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 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 approve~ by Ordinance 14, Series of 1991 and amended by Planning Office memo dated March 16, 1995, with the following conditions: f 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, 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. 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, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and 1111 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 PUBLISHED as provided by law, by the City Council of the City of Aspen on the",("~ ~HL4< ,1996, f day of ~/?~ ohn Bennett, Mayor ~~ c , City Clerk FINALLY, adopted, passed and approved this I ~ day of ~6. ) ~ och, City Clerk ~/~~ Jolin Bennett, Mayor / 4 - ffJ,) ......., ....., - MEMORANDYM TO: Mayor and Council THRV: Amy Margerum, City Manager . Stan Clauson, Community Development Directo~ THRU: FROM: Suzanne Wolf!; Planner DATE: July 8, 1996 RE: Aspen Meadows Lot 6 Residential GMQS and Vested Rights Extension Request- First Reading of Ordinanc~. 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 alloonent 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 reauest would extend the allocation and the vested rights to December 19. 19%. 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. APPUCA.l'IT: Savanah Limited Partnership, represented by Joe Wells BACXGROU;IlD: Council approved the 1990 GMQS allocation for 3 new townhomes on Let 5 and 7 new townhomes on Lot 6 as part or the Aspen Meadows Specially Planned Area development approval. The SPA was aoproved in early 1991. The GMQS allocations were due to expire June 21,1994. 10 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, ] 996. On June 19, 1996, the applicant submitted a request for an additional extension. City policy has been that if an aoplicarion for an extension is received before the expiration date of the vested rights, City Council will consider the request as timely filed even thougb the matter is scheduled by City Council for consideration IIller the expiration date. Lost 5 and 6 were included in a Notice of Lis Pmt:kns recorded by Mohammad A. Badid in cOMection 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 uiaJ court ordered the Lis Pendens removed. Mr. Hadid subsequently released Lot 5 from the litigation so the lnstitute could proceed with the purchase of Lot 5, but filed an appeaJ 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 dare of project approval, unless a building pennit 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 dare 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 ofitsfinai approval which were to have been met as of the date of appiicalion 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 appiicant is required to complete the excavation work for the pedestrian/bike trail to the top of the slope on Lot 6 prior to October 3 ]. ] 996. The appiicam hopes to complete :he 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 3 ], therefore. the applicant requests that the deadline for the trail excavation be extended to December! 9, 1996. to coincide with the expiration of this extension request. Removal of the trees from the trail and planting of additional trees aJong.Meariow Road will be the responsibility of the Institute. (bJ 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 I" 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 eztension is in the best werest 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 CUlTeIltly 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 prop..ny, and the poteDtial pun:haser has appea..:d before the Planning Commission and the Historic Preservation Commission to discuss changes to the approved project An application for an insubstantial cbange to the approval is clllTel1tly being prtfHUc:d. RECOMMENDATION: Staffrecommends approval for a final six (6) month extension. Staff recommends that the extension for the 1990 ResidentiaJ 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: I. The applicant sball 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 December 19, 1996. ~ 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, ]996. RECOMMENDED MOTION: "I move to approve Ordinance --' Series of 1996, on first 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, ] 996." CITY MA."'lAGER'S COMML"lTS: EXHIBITS: Exhibit A - Extension Request 3 ,-. ....." ~ .-" ORDINANCE (SERIES OF 1996) AN ORDINANCE OF THE ASPEN CITY COUNcn. GRANTING A SIX MONTH EXTENSION OF THE 1990 RESIDENTIAL GMQS ALLOTMENTs AND VESTED RIGHTS GRANTED BY ORDINANCE NO.1'" SERIES OF 1991, AND EXTENDED BY ORDINANCE NO. n, SERIES OF 1994, ORDINANCE NO. 10, SERIES OF 1995, ORDINANCE J8, 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, PITKIN COUNTY, COLORADO. WHEREAS, pllrnllll1t to Section 26.100.100 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 ] 991, 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 IOwnhomes Lot 6: and WHEREAS. the development allotments expire on the day after the third anniversaI)" of the date the GMQS allocatiQlls. 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, ::he 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 1 - - ...-.. - Ordinance No. -' Series of 1996 Page 2 WHEREAS, the Community Development Depanment, 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 WIIIREAs, 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 Partnersliip has been unable to proceed with construction on Lot 6 pending resolution oflitigation which prohibits Savanah from selling, developing or fInancing Lot 6. ;'IlOW, THEREFORE. BE IT ORDAINED BY THE em eOtJ:'iCll. OF THE em OF ASPD1, COLORADO: Se"tion 1: Pursuant:o 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 ! 991, extended by oTdinances No. 22. Series of 1994, No.1 O,series of] 995. No. 38. Series of 1995. and No, 6. Senes of 1996, for Lot 6 of the Aspen Meadows Subdivision beginning June 19, 1996, and ending December 19, 1996 with the following conditions: - I. The applicant shall excavate the pedestrialllbike trail to the top of the slope on Lot 6. as required in the lnsubstamial amendment to the Aspen Meadows Lots 5 and 6. to be completed by December i 9, 1996. 2. 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. Section 1: Pursuant to Section 26.1 00.1 00 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 199'. and insubstantially amended by Planning Office memo dated March 16, 1995, with the following conditions: ] . The extension of vested rights shall be for six months to December 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 period offive years and six months from June 21, ",.... -- .",,," 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 ofreferendlllD 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. 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 ail 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, :be 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 shail cause notice of this Ordinance to be published in a newsoaoer of general circulation . .. - within the City of Aspen no later:ban fourteen ( 14) days following tinal adoption hereof. S<<tion 4: If anv section, subsection, sentence. clause. phrase or portion of this ordinance is for any reason held inval id or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section .::: 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 vinue of the ordinances repealed or amended as herein provided. and the same shall be conducted and concluded under such prior ordinances, Section 6: 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 HaIl, Aspen Colorado, fifteen (15) days priorto which hearing a public notice of :be same shall be published one 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 8th day of July, 1996. John Bennett. Mayor - - Ordinance No. --' Series of J 996 Page 4 AITEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this ATTEST: Kathryn S. Koch, City Clerk --. - day of . .1996. John Bennett, Mayor I"'" ""'" ........v 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 o(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 '~Fen Institute and wit.l-t third parties to try to develop a co-development scenario whic..'l will better serve the Institute's long-term needs for additional housing for its participants. These negotiations previously led to the .-\spen Institute's entering into a contract to purchase Lot:; :rom Savanah. However, in April oi :995, both Lot :3 and Lot 6 were included in a 0Iotice oi Lis Pendens recorded by MohamI:1ad A,. Hadid in connection WIth a lawsuit filed by him against principals of Savanah Lirruted Partnership. Savanah vigorously deiended against the suit at considerable expense, and on 0Iovember 15, 1995, the trial court ordered the Lis Pendens removed. Although Mr. Hadid previously released Lot 5 !rom t.'1e litigation so that the Institute could proceed with its purc..'1ase, Mr. Hadid filed, on or about June 3, 1996, an aopeal of the court's order as it affecrs Lot 6. Savanah has been advised bv its .. - legal counsel that under the law, the Lis Pendens remains in place on Lot 6 pending a decision on appeal. The practical effect oi the recorded presence of the Lis Pendens is that, through no fault of its own, Savanah is, and for t.l-te past 12 months has been, - utterly incapable oi doing anything with respect to Lot 6 - i.e., either selling, developing or financing the lot. Once Lot 5 was released !rom the Lis Pendens, the Aspen Institute was able to proceed with its purchase of Lot 3 from Savanah and its purchase closed on or about February 6, 1996. Tne Institute, now that it has purc..'1ased Lot 5, has been trying to determine how to proceed with construction work on the Trustee Houses in a way whic..'1 will minimize disr.lptions to the cultural and academic programs at the - - , ) "'"'....., '-" 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 c..~anges is presently being prepared and is expected to be submitted in the near future. A. Background: Under the provisions of Sec. 8-108(:\)(2), development allotments and all other development approvals are deemed to expire on t..'1e day aiter the third anniversary of the project's final development approval, unless a building permit is obtained and t..'1e 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 Marc..'1 1994, Savanah submitted building permit applications for the two multi- family projec'"..s proposed for Lot 5 and Lot 6 in anticipation of obtaining building permits to begin construction of these two projec:s by the original deadline in 1 Sec. 6-20ik) of the Code provides that in those matters in whic.'l the Council has final approval. that approval shall be by o;dinance. A site speclic development plan shall be deemed app;oved on the "effective date" of the approving ordinance. The effective date. of Ordinance 14/91, under which the Cry granted Fma.! SPA Development Plan approval to the Aspen Meadows. was five business clays aiter the clate 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 muiti-iamily residential projec:s In the Aspen Meadows 5P A were originally due to expire on June 21. 1994. wnder Ordinance 2:/'14, Ordinance 10/95, Ordinance 38/95 and Ordinance 6/96. City Councl previously granted extensions of six months each and the approvals are therefore now due to expire on June 19, :996. 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 Plar.ning staff reached a decision regarding these two administrative amendments as documented in their Ylarc.11 16, 1995 memo. In the meantL.-ne, pending a resolution of t.."te ?roposed amendments, Savanah was granted a second extension J "9 100- to unel, ,.::, Savanah and the Aspen Institute were granted a third extension to December 19, 1995 after the Aspen Institute entered into the option contract ~o purchase Lot 5, to allow additional time to plan the phasing of construction by the two separate organiza tions. F:nally, Savanah and the Aspen Institute were granted a four.h extension to June 19, 1996 (see Ordinance 6/96, attached as Exhibit A) because of the pending Lis Pendens, whic.'1 effectively prevented the transfer of ownership of either Lot 5 or Lot 6. It remains a goal of both Savanah and the Aspe."1 Institute to minimize the disruption on the summer programs of the non-profit organizations by carefully sta~.ng 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 exte.'1Sion of the GMQS expiration provisions. To obtain an extension, an application for extension shall be submitted prior to the approval deadline which ~ ,.... ....... ,......, -- '} 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): ta) 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 mont.J,. 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 :easons, the reauired excavation work for the :rail has not vet . . cee!1 completed. First, it has bee!1 Savanah'; intent to co!':',plete the excavation work for the trail at the same time as excavation work for the residential units, to avoid the necessity of br'.nging equipme!1t to the site twice. Secondly, before the trail work can be undertake!1, 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 applicmt 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 lraillights 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. Tne Institute has addressed the issue of the additional trees identified on their parcel in their extension request filed separately. Tne Institute has agreed to relocate the aspen trees previously pianted in the trail easement. 4. Tne six (6) month extension shall begin at the date of expiration of the previous 6 month extension which is December 19, 1995 ~d 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)(2l(b)!. All of the improvements which were required to be installed under the SPA Agreement have now bee.., 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)(clJ. 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 ~ :> ",,_., ............. -....~ ') - 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 staif 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, Savilnah is requesting an extension of the GMQS expiration provisions for the allocations granted to the seven townhouse '-'nits on Lot 6 as well as vested rights for the project for a period not to exceed six additional months. Tnis 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. 6 ,.... .-- SA V ANAB: LIM1TED 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 13 0 S. Galena S tree! Aspen, Colorado 81611 Dear Mr. Clauson: I am writing to you on behalf of Savanah Limited Pannersllip, owner of Lot 5, Aspen Meadows Specially Planned Area. Savanah has authorized the preparation by Joseph Wells Land Planning of the attached extension ~equest for the residential Growth Management Quota Systems approvals and vested rights granted tor these jOts under Ordinance 14, Series of 1991. During the processing of this appiication, Savanah will be represented by John Sarpa and Joseph Wells. Please Contact John at 9:5-42n or Joe at 925-8080 if you have any questions or need additional intormation. _ , / rw yOU~, /- ;\ , ORB:: Attachments U:\USERS\GENERAL\ WJl'.ORll'.CUUSON.606 ,,", - - , ) - Exhibit A ORDI:'iANCE 6 (SERIES OF 1996) AN ORDINA."ICE OF THE ASPDl CITY COljNCll.. GRAi'lTING A SIX MO:-'1H EXTElIiSION OF TIlE 1990 RESIDENTIAL G:VIQS ALLOnlENTS AND VESTED RIGHTS GRANTED BY ORDINANCE NO. 14, SERIES OF 1991, AND EXTENDED BY ORDINANCE :'110. 22, SERIES OF 1994. AND EXTh"lDED BY ORDINA.."ICE ~O. 10, SERIES OF 1995, A.'-I1) EXTE.1I/DED BY ORDL'iA."ICE 38, SERIES OF 1995 FOR TIiREE TOWNHOMES ON LOT 5 AND SFE::-; TO'V""'HOMES ON LOT 6 OF THE .\SPE::-; MEADOWS SUBDIVISION, CITY OF ASPE::-;, PITKDl COliNTY, COLORADO. WHEREAS, pursuant to Section 24-8-108 of the Aspen Municipal Code. City Council may grant an extension of GMQS a1locaticns up to six months for developments other than detached residential and duplex units; and WHEREAS. on June ]1). ]991. City Council adopted Ordinance :-10. ]4, Series of 1991. '.'.hich approved the .-'.spen Meadows Specially Planned Area Final Development Plan and included resicential G?YIQS ~llocancns: and 'NHEREAS. ;he GMQS ce':e!opment ::.ilctmems included the constl"'Jc:ion ci 10 townno:::es on two parcels. LotS 5 and 6; and WHEREAS, the development allotmentS expire on the day after the third anniversary of the date the G:vlQS allocations. or other development approvals. have been awarded; and WHEREAS, Council has granted three prior six-month extensions which extended the G:.IQS alloc:uion and vested rightS to December 19.1995: and WHEREAS. the applicant. Savanah Limited Parmership. has requested another six (6) month extension of the GMQS allocations for LotS 5 and 6 of the Aspen Meadows Subdivision: and WHEREAS, the applic:mt also requests an extension of vested rightS statUs. to coincide '....ith the GMQS allocation extension; and 1 I"'" -- ~ WHEREAs, the Planning Office, having reviewed the application recommends approval of a si., (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 fmding that the Aspen Institute requires more time to resolve legal issues and fmalize purchase of Lot 5 without jeopardizing the option contract, Savanah requests to re-examine the affordable housing mitigation requirement which has increased signiiicamly 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 ORDAll'iED BY THE CITY COUNCil. OF TIIE CITY OF ASPEN, COLOR-illO: Section 1: \ ! Pursuant to Section 24-8-;08 of the ~,lunicipal Code. City Council does hereby gr.mt 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, Senes 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 pedesrrian/bike trail to the top of the slope on Lot 6, as required in the insubsrantiai amendment to the ."'.spen Meadows LoIS 5 and 6, to be completed by October 31, 1996. 2. The applicant shall eliminate the non-functioning traillighlS along old Meadows Road by June I, 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 I, 1996. in addition. the applicant is responsible for the relocation of several Aspen trees that have been planted in the trail easement by July I, 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 2: Pursuant to Section 24-6-207 of the Municipal code, City C;)uncil does hereby grant the applicant an extension of vested righlS StalUS for the site specific development pian for LoIS 5 and 6 of the Aspen Meadows Subdivision as approve-l by Ordinance 14, Series of 1991 and amended by Planning Office memo dated March 16. 1995, with the following conditions: 1 1. The extension of vested rights shall be for SUI 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 ~o. 14, Series and insubstantially amended. However, any failure to abide by the tenns and condilJons attendant to this approval shall result in forfeiture of SaId \'ested property rights. 3. The approval granted hereby shall be subject to all rights of referendum and judic:al reVje'.\, 4. )lothing in the approvals provided in this Ordinance shaH ~xe:npt the site specific development plan from subsequent reviews and or approvals required by :his Ordinance or the generai rules. regulations or ordinances or the City provided that such reviews or approvals are not inconSIStent with [he approvals granted :md vested herein. 5. The estabiishment herein of a vested property right shall not preclude L~e appiicaticn of ~rdinances or reguialJons which are general in nature and are applicabie to all property subject to land use regulalJon by the City of Aspen including, but not limited to. building. f.re. piumbmg. eieclr:c:li and mechanical codes. In :his regard. as a condition of this site deveiopment approval. tile developer shall abide by any and -ail such buiiding, fire, plumbing, eiec:rical and mechanical codes. unless an exernplJon therefrom is granted m writing. Section 3: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of generai c:rc:.:lation within tile 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 :my re:lSon held invalid or unconstitutional by any court of competent junsdiction. such provtsion and such holding shail not affect the validity of tile remaining portions thereof. Section 5: This Ordinance shall not affect any existing litigation and shall not operate as an lbatement of any ac:ion 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 I" Section Ii: - A public hearing on the Ordinance shall be held on the 22nd day of January, 1996 at 5:00 P.M. in the City CoullCij Chambers, Aspen City Hall. Aspen COlol1ldo, 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 .!>UBLISHED as provided by law, by the City Council of the City of Aspen on the~ ~ar'" day of ~h h, City Clerk FINALL Y, adopted, passed and approved this ~~96. ~ .d!B~~ ~-C Kathryn ~Och, City Clerk I t ~:n~~;;;;r- /~ day of ~/~~ Jolin Bennett. Mayor 4 p"'"- /' "" - '-.--...... Joseph Wells Land Planning, Inc. 602 Midland Park Place Aspen, Colorado 81611 Phone: 970.925.8080 Facsimile: 970.925.8275 ~\EC\E.~V\E\O J 1.1 \", , 8 '996 June 17, 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. Joseph Wells, AICP , ) - - ""'" f.CI\\9f.O ~~1\Je~9g6 roved.fAr~1, _...."'!'"f -- Request for Extension from GMQS Expiratio for the Aspen Meadows Mu1ti~Fami1y Project Ap 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 r-.... '-' /""" "'"" ') 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 5P A 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 See. 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 5 ",'''... "'.",..,"" """'-' 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. 6 "".~, , '~v ANAH LIMITED P ARTNERSIllP_ 1925 Century Park East, Suite 1900 Los Angeles, California 90067 Tel. (310) 229-2929 1 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. I ORB: . Attachments U:\USERS\GENERAL\WP\ORB\CLAUSON.606 F....... ~ / Exhibit Ai ...."...,. 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 residentiai 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 GMQS 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 ..' '''" "'~' ,~c- ......,., 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 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 I, 1996. subject to approval by the Pedestrian and Bikeway Corrunittee. 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 I, 1996. In addition, the applicant is responsible for the relocation of several Aspen trees that have been planted in the trail easement by July I, 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 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 approve':! by Ordinance 14, Series of 1991 and amended by Planning Office memo dated March 16, 1995, with the following conditions: I 1. The extension ofvested 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. 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, 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 PUBLISHED as provided by law, by the City Council of the City of Aspen on the ,1.;;:<, ;rp~r996 day of '-A...-.- I?~ ohn Bennett, Mayor ~~ ch, City Clerk FINALLY, adopted, passed and approved this / ~ day of ~6. ) .~ och, City Clerk ~{?~ Jolin Bennett, Mayor / 4 Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 e-. ')'35.- f d-'). ~ { ~OO ~ City Land Use Application Fees; 00113-63850-041 .63855-042 -63 %0-043 -63885-268 .63875-046 MROII __Jo.=:>O ,-Q{L Deposit flat Pee _______~_______ HPC ______ ______.__ Public Right-of. Way ___.____n~____~__m'____ Zoning & Sign J'crrnlt ~_,_____~___~__ Use Tax County Land Use Application Fees: 00 113-63800-033 Deposit -63805-0:14 Flat Fee -63820-037 Zoning -63825-038 B~ard of Adjustment Refenal Fees: 00113-638!O-035 00115-63340-163 00123-63340- ] 90 00125-63340-205 00113-63815-036 Sales: 00113-63830-039 -69000-145 County Engineer City Engineer Housing Environmental Health County Clerk County Code Copy Fees Other . , . L.( .'" ( +:<7) Total /CfS(.J. 00 '- Ar .~{ _ ' ' ,--;> Date: .' r~ ."1 "'Check:JJ.Q. b Project: .-y,., .tOU./l , /, L\' ;---::x:+~ ~"<''---' Case No: fr Lt '- -tH:, - No, of Copies Name: y~ \1('- V' vv..l. Address: Phone: