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HomeMy WebLinkAboutcoa.lu.gm.845 Meadows Rd.A45-96 CASE").-"<AD SUMMARY SHEET - CITY OF ASPEN , .....~ DATE RECEIVED: 7/2/96 DATE COMPLETE: PARCEL ID # 2735-122-31-001 CASE # A45-96 STAFF: Suzanne Wolfl PROJECT NAME: Aspen Meadows: Trustee Townhomes Lot 5 GMQS Extension Project Address: 845 Meadows Rd., Aspen APPLICANT: The Aspen Institute, Inc. Address/Phone: 1000 North Third St., Aspen ----- 544-7900 REPRESENTATIVE: Gideon Kaufman Address/Phone: 315 E. Hyman, Aspen ----- 925-8166 FEES: PLANNING $0 # APPS RECEIVED 1 ENGINEER $0 # PLATS RECEIVED 1 HOUSING $0 ENVHEALTH $0 TYPE OF APPLICATION: TOTAL $0 One Step AMT. RECEIVED $0 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/FILED ROUTE TO: DATE: o/J.f9~ INITIALS: 5" ill IY/ ~"'\d MEMORANDUM THRU: Mayor and Council (\ \ \ / Amy Margerum, City Manager ~ /' f ./' Stan Clauson, Community Development Directoru TO: THRU: FROM: Suzanne Wolff, Planner DATE: August 12, 1996 RE: Aspen Meadows Lot 5 Residential GMQS and Vested Rights Extension Request - Second Reading and Public Hearing of Ordinance 26, Series of 1996 SUMMARY: The Aspen Institute and the Trustee Townbomes At- The-Aspen Meadows Condominium Association, as owners of the units on Lot 5, have requested an additional six month extension to their 1990 GMQS allotment for three new multi-family units and to the vested rights granted for the development on Lot 5 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: The Aspen Institute and the Trustee Townbomes At- The-Aspen Meadows Condominium Association, represented by Gideon Kaufman BACKGROUND: Council approved the 1990 GMQS allocation for 3 new townbomes on Lot 5 and 7 new townbomes 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 17, 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. 1 ~d C;-O ,...." r-..... -~ - Lot 5 was originally included with Lot 6 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 Pendens was in effect, Savanah was prohibited from selling, developing or fmancing either Lots 5 or 6. On November 15, 1995, the trial court ordered the Lis Pendens removed. Mr. Hadid subsequently filed an appeal of the court's order as it affects Lot 6, but released Lot 5 from the litigation so the Institute could proceed with the purchase of Lot 5. In February of 1996, the Aspen Institute purchased Lot 5 from Savanah Limited Partnership, and thereafter recorded a Condominium Plat creating The Trustee Townhomes At- The-Aspen Meadows. STAFF COMMENTS: Section 26.1 00.100 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 agreement and conditions of approval of subsequent extensions have been completed. As required by Ordinance 6, Series of 1996, the applicant has removed the non-functioning trail lights along old Meadows Road. However, the aspen trees planted within the trail easement have not yet been removed and 15-20 additional trees must be planted along Meadows Road to comply with the approved landscape plan. The Institute has agreed to fulfill these requirements, but requests an extension of the deadline to October 15, 1996, in order to plant and relocate the trees during the fall when they have a better chance of survival. (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 IS' overlay is required when the construction is complete. Although the construction of the new units and the renovation of the existing townbomes has not begun, utilities have been installed and road upgrades are 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 delay caused by the inability of the Institute to purchase the lot prior to 2 ....-""" - removal of the Lis Pendens precluded the development of the units during the spring off-season as anticipated. The Institute has been working with a third party to co-develop the units to serve the Institute's long-term needs and to minimize disruption of the cultural programs at the Meadows. The applicants have expended considerable funds for road construction, installation of utilities and landscaping in anticipation of the proposed project. RECOMMENDATION: Staff recommends approval for a fmal six (6) month extension. Staff recommends that the extension for the 1990 Residential GMQS allocation and the extension of vested rights for Lot 5 of the Aspen Meadows Specially Planned Area be approved and amended in the Aspen Meadows Specially Planned Area development plan with the following conditions: 1. The applicant shall plant approximately 15-20 more trees along Meadows Road, consistent with the approved landscape plan. This shall be completed by October 15, 1996. In addition, the applicant is responsible for the relocation of several Aspen trees that have been planted in the trail easement by October 15, 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 26, Series of 1996, on second reading, approving the extension of the 1990 Residential GMQS allocation and vested rights status for Lot 5 of the Aspen Meadows Specially Planned Area to December 19, 1996." CITY MANAGER'S COMMENTS: EXlDBITS: Exhibit A - Extension Request 3 ......','"\ .' -- Request for Extension from GMQS Expiration Deadlines for The Trustee Townhomes At-The-Aspen Meadows This application is submitted on behalf of The Aspen Institute, Inc., a Colorado nonprofit corporation ("The Institute"), as Declarant under the Condominium Declaration for The Trustee Townhomes At-The-Aspen Meadows' and as owner of Units 1,3,10 and 11, according to the Plat of The Trustee Townhomes At-The-Aspen Meadows 2 (the "Trustee Townhomes") a part of what was formerly known as Lot 5, Aspen Meadows Specially Planned Area ("Lot 5"), and The Trustee Townhomes At- The-Aspen Meadows Condominium Association, Inc., ("Association") on behalf of the owners of Units 2, 4, 5, 6, 7, 8 and 9 of the Trustee Townhomes. The Institute and the Association request an additional extension of six months in the expiration of the growth management allocations for the three multi-family units approved by the City on Lot 5 and for an extension of the vested rights granted by the City for the projects approved for the Trustee Townhomes. On or about February 6,1996, (after release of the Lis Pendens recorded by Mohammed Hadid discussed in the most recent extension request), the Institute purchased Lot 5 from Savanah Limited Partnership ("Savanah") and, thereafter recorded a Condominium Plat creating a condominium community known as The Trustee Townhomes At- The-Aspen Meadows. Over the course of the last few months, The Institute was working closely with one third party to try to co-develop the vacant Units in a way that would better serve the Institute's long-term needs with a restrictive construction schedule to minimize the disruption of the cultural programs at the Meadows. The delay caused by The Institute's inability to purchase Lot 5, until the Hadid Lis Pendens was actually removed, effectively precluded the development of the vacant Units during the off- season as anticipated. A. Background: Under the provisions of Sec. 8-108(A)(2), development allotments and all other development 1 Dated January 31, 1996, and recorded February 6, 1996 as Reception No. 389723 of the records of Pitkin County, Colorado 2 Recorded on February 6, 1996 in Plat Book 39 at Page 16 of the records of Pitkin County, Colorado 1467.elf I ...... 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 are now scheduled to expire on June 19, 19963. In March 1994, Savanah submitted building permit applications for two multifamily projects in anticipation of obtaining building permits to begin construction of these two projects by the original deadline in June 1994. However, for scheduling reasons, Savanah needed to postpone commencement 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 Townhomes and construction of the three new units on Lot 5 in the fall of 1995. Therefore, Savanah previously 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 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, I 995-memo. In the meantime, pending a resolution of the proposed amendments, Savanah was granted a second extension to June 19,1995. The Institute and Savanah were granted a third and forth extension to June 19, 1996 (see Ordinance 6/96, attached as Exhibit A) after The 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 and to obtain the release of the Hadid Lis Pendens which was filed precluding the parties from moving forward. It remains a goal of The Institute to minimize the disruption to the summer programs of The 3 Sec. 6-207(c) of the Code provides that in those matters in which the Council hasjinal 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 multifamily 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 granted extensions of six months each; the approvals are now due to expire on June 19, 1996. 1467.elf 2 ".,,~", .""'........ -..J Institute and other nonprofit organizations by starting construction and by undertaking the most disruptive stages of construction during the off-season. Starting the projects during the off season, will also ease the problems of construction staging in the relatively constrained area remaining at the Meadows. The Institute requests the continued cooperation of the City in the ongoing agreement between the City and the members of the Consortium to try to avoid unnecessary disruptions of the academic programs at the Aspen Meadows through various construction stages to be undertaken. B. Extension of GMQS Expiration Provisions for Lots 5 and 6: Under the provisions of Sec. 8-l08(A)(7), 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 shall demonstrate to the satisfaction of City Council that the following three conditions in bold have been met (The Institute's 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 tbe date of application for exemption have been complied with [Sec. 8-108 (A)(2)(a)]. To the best of the Parties knowledge, all of the conditions which were applied to the Project under the SPA Agreement have been complied with. (b) Any improvements which were required to be installed by the applicant prior to construction of the project have, been installed [Sec. 8-l08(A)(2)(b)]. All of the improvements which were required to be installed by applicant under the SPA Agreement and Ordinance 6/96 have now been completed including the planting of additional cottonwood street trees along Meadows Road, the elimination of the non- functioning trail lights along old Meadows Road and some additional cleanouts that the City requested be added to the irrigation system; except for condition #3 set forth in Ordinance #6, Series 1996, Section 1, which requires that by July I, 1996 approximately fifteen (1S) to twenty (20) more trees along Meadows Road be planted and that Aspen trees planted within the trail easement be relocated. This planting has not yet been complete and extension of this requirement to October IS, 1996 is requested as the best time to plant or re-Iocate trees is in late fall for the greatest chance of survival. (c) The project has been diligently pursued in all reasonable respects, and the 1467.elf 3 . ,..., - extension is in the best interests ofthe community [Sec.8-108(A)(2)(c)]. Despite the fact that actual construction of the new residential units and renovation and expansion of the existing residential units has not begun, Savanah as the predecessor in title 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 nonprofit organizations and the interruptions in construction during a large majority of the summer building seasons 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 building permits for the two projects which are the subject of this request and has worked closely with City staff to resolve unforeseen zoning issues. The Institute has been unable to proceed with the projects due to delay in purchase of the property caused by the Hadid litigation. The Institute believes that the additional extension is clearly in the best interests of the community. In summary, The Institute and the Association are requesting an extension of the GMQS expiration provisions for the allocations granted to the three townhouse units on Lot 5, known as Units 1, 10 and 11, as well as vested rights regarding the projects approved with regard to the Trustee Townhomes for a period not to exceed six additional months. This extension is requested in order to allow The Institute, additional time to arrange for and commence the development without disruption of the cultural and academic programs this summer. 1467.elf 4 ., /~ ...."" TheA Aspe~ Institute Administrative Center 2010 Carmichael Road PO Box 222 Queenstown. MD 21658 (410) 82(1.5426 Fax (410) 827.9182 Headquarters 1333 New Hampshire Ave., N'W Suite 1070 Washington, DC 20036 (202) 736-5840 Fax (202) 467-D790 Seminar Center 1000 North Third Street Aspen, CO 81611 (970) 54+7900 Fax (970) 9254188 David T. ~cLaughlin President June 7, 1996 Mr. Stan Clausen Directors of Community Development City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Re: The Aspen Institute, Inc., a Colorado Nonprofit Corporation Aspen Meadows Specially Planned Area Dear Mr. Clausen: I am writing to you to confirm that The Aspen Institute, Inc., has purchased from Savanah Limited Partnership, Lot 5, Aspen Meadows Specially Planned Area ("Lot 5"). We have consented to the preparation by Gideon Kaufman of the attached extension request for the residential Growth Management Quota System approvals and vested rights granted for Lot 5 under Ordinance 14, Series of 1991 and as modified by the HPC on September 13, 1995. During the processing of this application, The Aspen Institute, Inc. will be represented by Gideon Kaufman. Please contact Gideon at 925-8166 on our behalf if you have any questions or need additional information. Sincerely, The Aspen Institute, Inc. By: David T. McLa DTM/ sg Enclosure 06/10/1996 17::3 2026869788 Jun. t, j~~O ~:,orM ~'l jl1~IIlUle JOHN SARPA JANCO PAGE 02 NO. b4iU r "" From: SHAWN / The 7nt*e 'D1r.urJwrna at tIN ~ MIIJIlowI C~~Inc. ~ , J:IMIllT........-... .......... -11I.- ""'- s.... 0. ...,. ,..., ...... - - 1000 _ Thir<l SUe.. AIp4D. co 1\111 (I'IO)&~- Fu: (t'IO) t2~18t 111II8 7. 1996 Mr. StID aUteD 0incuIr of ,...'....nnnjl:y Dlm10pment ell)' of AJpea 130 s. GIlIuSIrIe& A.IpaI. Colorado 11611 .: Ie: The TNIlM TOWDIloaIIt At.Tbc.AspcnMeldows ColIdomilllum Association , .\Ipea MeIdowI Spoc:iIIly P1UDed Aaa ~ Mr. 1"1......; PIeue be Id\'illd dill Tbe Truara Townhont At- The-Aspell Meadows (",""""_"ium AsIOCilliOll. IDe. bas COIISCIIred to Ibe preparation by Gideon Kaufman of !be wrlr" V_oiftft requcat for lbe JelidalIia1 Growrb Mmqemenr QDoIa Syatem approvall ud wacl ri&bb anaced for Lot 5 UIIder QrtIi"SIl"'" 14, Series of 1991111d as mOdi1*l by lbI HPC em ~alb-13. 1995, , , DIIrln& tbe ~..Iq oftbia ~I;,.<<ioa, Tbe TNStee TownholnA At-TIle-Aspen Meadowa C""",-,,,iutft AIIocillillll wiD. be tepreIOIltecl. by Gideon Kaufman. Pleue coatICt GicIecm at ~.al66 011 our 1leIIAlf If you bave lilY qucsliolll or need. additioll8l ~. SiD=ely yours, The Trustee ToWDhoml& At.TIIe-Aspen Meadows ~ , '"' ", ,,",.,..' 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 TIlE ASPEN MEADOWS SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, pursuant to Section 24-8-108 of the Aspen Municipal Code, City Council may gram an extension of GMQS allocations up to six months for developmems 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 011 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 Parlnership, 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 Exhibit A 1 ~." ''- r-, \~. -' ",.!II' 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 pedestrianfljike 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 3 I, 1996. 2. The applicant shall eliminate the non-functioning trail lights along old Mcadows 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 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 approved by Ordinance 14, Series of 1991 and 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 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 ordimmces or regulations which are general in nature and are applicable to all property subjcct to land use regulation by the City of Aspen including, but not limitcd 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 .r'- .....~, "....' ,"" 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 (IS) days prior to which hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the ...t~ r;r<< V<<A 1996 r day of 'A-..- I J~ ohn Bennett, Mayor ~~ ch, City Clerk FINALLY, adopted, passed and approved this I=< day of ~96. ~ och, City Clerk ~{~~ Jolin Bennett, Mayor 4 ,.".,". ?4H", " ""'*' BROOKE A. PETERSON GIDEON I. KAUFMAN" ERIN L. FERNANDEZ- LAW OFFICES OF KAUFMAN & PETERSON, P.c. 315 EAST HYMAN AVENUE ASPEN. COLORADO 81611 TELEPHONE (970) 925-8188 FACSIMILE (970) 925.1090 HAL S. DISHLER - . ALSO AOMfT'TEO IN MARY1,..t.NO - ALSO AOMlrrED IN FlORIDA - ALSO AOMITTED IN TEXAS June 13, 1996 ~!ECfEUV!E1D ;,"#",.11 iqqR Mr. Stan Clausen Director of Community Development, City of Aspen 130 S. Galena Street Aspen, Colorado 81611 --- --- --- --- --- Re: Lot 5, Aspen Meadows, Specially Planned Area Dear Mr. Clausen: I am writing to you on behalf of The Aspen Institute, Inc., a Colorado nonprofit corporation, as Declarant under the Condominium Declaration for The Trustee Townhomes At-The-Aspen Meadows and as owner of Units 1, 3, 10 and II, according to the Plat of The Trustee Townhomes At-The-Aspen Meadows a part of what was formerly known as Lot 5, Aspen Meadows Specially Planned Area, and The Trustee Townhomes At- The-Aspen Meadows Condominium Association, Inc., on behalf of the owners of Units 2, 4, 5, 6, 7, 8 and 9 of the Trustee Townhomes. The Aspen Institute, Inc. and The Trustee Townhomes At- The-Aspen Meadows Condominium Association are requesting review and approval by the City Council of the enclosed extension request for the residential development approvals granted for Lot 5 under Ordinance 14, Series of 1991 and as modified by the HPC on September 13, 1995. Please call if you have any questions or need additional information. Very truly yours, KAUFMAN & PETERSON, P.c., A prUSiOnal Co ration By: Gi GIK:ds Enclosures 1492.e1f """- /-;J J 1) ,...." - MEMORANDUM TO: / / Mayor and Council :V' Amy Margerum, City Manager ~ Stan Clauson, Community Development Direc~ THRU: THRU: I'ROM: Suzanne Wolff, Planner DATE: July 8. 1996 RE Aspen Meadows Lot 5 Residential GMQS and Vested Rights Extension Request- First Reading of OrdinancaJ:, Series of 1996 Sl"\'[:VlARY: The .-\spen Institute and the Trustee Townhomes At-The-Aspen ",Ieodows Condominium .-\ss,'c:atlon. as 0wners of the units on Lot 5, have requested an additional six month extension to their 1990 G\IQS all'){l11ent 'or three new multi-family units and to the vested rights granted for the development on Lc1t ' of t:,e ."spen Meadows Specially. Planned Area. T:lI; request '.Vould extend the allocation and the vested rights to December 19. i 996. The application is amched ;:s Exhibit A. The last extension Ordinance I Ordinance 6. Series of 1996) IS included in Exhibit A. Storr recommends approval of a six (6) month extension of the GMQS allocation and the extension of '. ::~l~d ngi1t5 status. with conditions. .-\I'PUC."'''T: The .-\spen Institute and the Trustee Townhomcs .-\t- The--\spen ",Ieadows Condominiul11 .-:..~:\...)"':i~lt;lJ{l. ,epresented by Gideon Kaufman B-\Ch:GROU:"/'D: Council approved the 1990 GMQS allocation for 3 new townhomes 011 Lot 5 and 7 new 'c'.\\ nho!nes on Lot 6 as parr of the Aspen Meadows Specially Planned Area development approval. The S P.-\ \\ os ooproved in earlv 1991. The GMQS allocations were due to expire June: I. 1994. In April of : l)..)~. S.n .l!13.h requested a six month extension on the GMQS and vested rights for Lots 5 and 6. Council s,,:med "\: :~tension. The applicants have since requested and been granted extensions every six months. "1!C!' '\.1\ e extended the allocations and vested rights status to June! 9. i 996. '_"1 .:l!l1e : -. :006. the applicant submlrted a request lor an additional extension. City policy has been that if ,::~ .;~t'il"::::~HJIl ~or JIl extension is received before the ~xpira(ion date of the vested rights. City Council will c,'!\sider rhe request as timely tiled eve'i though the matter is scheduled by Cit)' Council tor consideration .:. r'r~:- :l1c c~.plrJtion date. 1 - """" -- LOl 5 was originally included with Lot 6 in a Notice of Lis Pendells recorded by \ilohammad A. Hadid in connection with a lawsuit tiled by him against principals of Savannah Limited Parll1ersl1ip in April of 1995. While the Lis Pendens was in effect, Savanah was prohibited from selling, developing or tinancing either Lots 5 or 6. On November 15, 1995. the trial court ordered the Lis Pendells removed. Mr. Hadid subsequently tiled an appeal of the court's order as it affects Lot 6, but released Lot 5 from the litigation so the Institute could proceed with the purchase of Lot 5. In .February of 1996, the Aspen Institute purchased Lot 5 from Savanah Limited Partnership, and thereafter recorded a Condominium Plat creating The Trustee Townhomes At-The-Aspen Meadows. 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 trom 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 sansfaction of city council that: (OJ 7hose conditions applied to the project at the time ofitsfinai ilpprovai ',vnich were to have been me! as _ of rhe dale o(appiicalion-jor exemplion have been wmplied w/lh: :Inti RESPONSE: All improvements associated with the SP A agreement and conditions of approval of SlIDseauem e"tenslOns have been completed. As reauired by Ordinance 6. Series of i 996. the appiicant has cemoveQ the con-runctioning trail lights along old Meadows Road. However; :he aspen trees pianted within the :roii easement have not yet been removed and i 5 -20 additionai trees must be planted along \iteadows Road to ccmpiy with the approved landscape plan. The Institute has agreed to tulfill these requirements, hllt reauests an extension of the deadline to October i 5. 1996. in ordeno piant and re-Iocate the trees during the r'ai I wilen mey have a better chance of su.:vival. /'1 .-:lll' :lIIprovements which were required to be insralled by the gpplicam prior to construction of the :woiec.;[ itm'i-!ryeen installed: RESPO",SE:';.II the improvements which were required under the SPA .\greeme~t have been completed. \lthougn cC:Jstructlon has not begun for Lots 5 and 6. the applicant shall be required to mitigate any constrUC:lon Jamage to Aspen Meadows Road and a I" to 1.5" overlay is required when the construction is ":lilllpicre. .-\ltl1011gh ::le :,:onstruction of the new units and the renovation of the existing t{)wnhomes has not begun. "tIiitl~s ;101 ~ been installed and road upgrades completed. '..' I -:/Il' /..'r,:lIl'C! has been diligently pursued in all reasonable respeCfS. i.llld the <!..tlension is in the best :Il{<!r:.!s{ Jr" 'izi! commullity. RESPO"SE: Star'fnotes that this is the fifth extension requested bv the aoplicant. Statfrecommended in F cbru~r: ::1:lr 110 further extensions be ~ranted for reasons beyond unforeseeable legal circumstances ;"e::rlc :J :,,~ Lis Pelldens. The delay caused by the. inability of the Institute to purchase the lot prior to 2 ,........... ,....., ......,./ - removal of the I.is Pen"ells precluded the development of the units during the spring off-season as anti~ipared. The Institute has been working with a third party to co-develop the units to serve the Institute's 10ng-ten11 needs and to minimize disruption of the cultural programs at the Meadows. The applicants have expended ~onsiderable funds for road construction. installation of utilities and landscaping in anticipation of the proposed project. RECOMMENDATION: Staff recommends approval for a final six (6) monthextension. Staff recommends that the extension for the 1990 Residential GMQS allocation and the extension of vested rights tor LotS of the Aspen Meadows Specially Planned Area be approved and amended in the Aspen Meadows Specially Planned Area development plan with the following conditions: I. The applicant shall plant approximately 15-20 more trees along Meadows Road. consistent with the approved landscape plan. This shall be completed by October 15. 1996. In addition, the applicant is responsible tor the relocation of several Aspen trees that have been planted in the trail easemenl by Ocrober 15. 1996. , The SIX 16) month extension shall begin at the date of expirauon of the previolls 6 month extension whicil is June 19.1996 and shall expire on December 19. 1996. RECOMMENDED MOTION: "I move to approve Ordinance _' Series of; 996, on first reading. approvin~ the extension of the 1990 Residential GMQS allocation and vested rights status for LotS of the -\soe:1 \te~do\l'S Specially Planned Area to December 19. 1996. CITY \L-\.i'l,i,GER'S COMMENTS: EXHIBITS: Exhibit .-\ . ':\lension Request J ,.- ~ "'" ORDINANCE (SERIES OF 1996) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH EXTENSION OF THE 1990 RESIDENTIAL GMQS ALLOTMENTS AND VESTED RIGFITS GRANTED BY ORDINAJ'KE 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 THREE NEW TOWNHOMES ON LOT 5 OF THE ASPEN MEADOWS SPECIALLY PLANNED AREA, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, pursuant to Section 26.100.100 of the Aspen Municipal Code, City Council may gram 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 C:vIQS allocations: and WHEREAS. the GMQS development allotments included the construction of three new :Q\\ i~110111es Lot 5: 3.nd WHEREAS, the development allotments expir,: on the day atter the third anniversary of the date :Ile G \IQS allocations, or other development jlpprovals. h~ve neen awarded: and WHEREAS. Council has gramed four prior six-month extensions which extended the GMQS :llk~-':Jtion and \'ested rights to June 19, i 996: and WHEREAS. the applicants, the Aspen Institute and the Trustee Townhomes At- The-Aspen '. \e"~J\\ 5 Ccndom mium Association. has requested another SIX (6) month extension of the GMQS .,,:,'cotlons tor Lot 5 of the Aspen Meadows Specially Planned Area: and WHEREAS. the applicam also requests an extension ot vested rights status. to coincide with the l''.:('S .1110catlon extension: and ....-. ~"'" "'-" ,'" Ordinance No. _' S~ries of 1996 Page 2 WHEREAS, 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 Deportment's recommendation for the GMQS extension, does wish to grant another extension for six (6) momhs and exte~d vested rights status, finding that the delay caused by the Institute's inability to purchase Lot ~ until the lot was released from litigation prevented commencement of construction during the spring ,1 if-season, and that avoiding campus disruption as a result of summer construction activity is in the best imerest of the community. 'lOW. THEREFORE, BE IT ORDAINED BY THE CITY COlJ':'ICIL OF THE CITY OF .-\.SPE'i. COLORADO: ~ection 1: -D'!r,"om :0 Section 26.100.100 of the Aspen Municipal Code. City Council does herebv grant the applicant .:::c'ther SIX (6) month extension of the 1990 Residennal GMQS allocation approved by Ordinance i4. Serles of 1991. extended by Ordinances No. 22, Series of 1994. i'lo. 10. Series of 1995. No. 38. Series of . "'j'. and No.6. Series of 1996. for Lot 5 of the Aspen Meadows Specially Planned Area beginning June : OO~. and ending December 19. 1996 with the following conditions: ,he :lOpiicant shall plant approximately 15-20 more trees along Meadows Road. consistent with the lpcroved landscape plan. TIllS shall be completed by October 15. 1996. In addition. the applicant is responsible tar the relocation of several Aspen trees that have been planted in the trail easement by <:\:tober 15. 1996. "Che SIX (6) month extension shall begin at the date of expiration of the previous 6 month extension '.\ ILch IS December 19. 1996 and expire on June 19. 1996. ~t.(tion :: I.. . I "",,"om to .Sectlon 26.100.100 of the Aspen Municipal Code, City Council d()~s hereby grant the applicant .'" e,re ISton of\'ested rights status tar the site specific development plan ior Lot 5 of the Aspen Meadows S'.'ecuil, Planned .-\.rea as approved by Ordinance 14, Series of 1991 and insubstantially amended by "'.:::i1111~ Ot'tice memo dated March 16. 1995, With the following conditions: Tile extenslOll of vested rights shall be for six months to December 19. [996. '.... ~ r Ordillallce No. _' Series of 1996 Page J , The rights granted by the site specitic development plan approved by this Ordillance and the illsubstantial amendment shall remain vested for a period of five years and six months from June 21, 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. l 'Jothing in the approvals provided in this Ordinance shall exempt the site specific development plan ['rom 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 [and use regulation by the City of .-\spen including, but not limited to, building, fire, plumbing"electrical and mechanical codes. [n this regard, as a condition of this site development approval. the developer shall abide by any and a[1 such building, tire. plumbing, electrical and mechanical codes. unless an exemption therefrom is :;ranred III writing. ~ecrion 3: Ti" elt\' Clerk shall cause notice of this Ordinance to be published in a newspaoer of general circulation 'c. Itilln the Citv of Aspen no later than founeen (14) days following tinal adoorion hereof. ~ection ~: , I fOIl' sectiotl. subsection, sentence. clause. phrase or portion of this ordinance is for any reason held invalid x c:"constltutlonal bv any coun of competent jurisdiction. such provision and such holding shall not affect ~:~;;:? '. 2.i\(.iity '~'t' rile remaining portions thereof. Section ': Thts Ordinance shall not atfect any existing litigation and shall not operate as an abatement of any action or :orc'ceding 'ow pending under or bv virtue of the ordinances repealed or amended as herein provided. and the ;ame shail be conducted and concluded under such prior ordinances. 't'criol1 h: ". :o,.toiic heotltlg on the 'Ordinance shall be held on the 12th day of August. 1996 at 5:00 P.M. in the City \':,".tnc:l Chambers. A'spen City Hall. Aspen Colorado. fifteen (15) days piior to which hearing a public ","Ice llf the same shall be published one in a newspaper of general circulation within the City of Aspen. .- - ..... -- Ordinance No. _, Series of 1996 ['age 4 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 A TrEST: Kathryn S. Koch, City Clerk FIN ALL Y, adopted, passed and approved this day of ,1996. John Bennett. 'vlayor ,; LTEST: K~r1l1'yn S. Koch, City Clerk ~ "- ~ Exhibit A Request for Extension from GlYIQS Expiration Deadlines for The Trustee Townhomes At-The-Aspen Meadows This application is submitted on behalf of The Aspen [nstitute, Inc., a Colorado nonprotit _ cornoratiOI1 ("The [nstitute"), as Declarant under the Condominiwn Declaration for The Trustee Townhomes At-The-Aspen Meadows' and as ownerofUllirs 1,3, [0 and II, according to the Plat of The Trustee Townhomes At-The-Aspen Meadows' (the "Trustee Townhomes") a part of what was rormerly known as Lot 5. Aspen Meadows Specially Planned Area ("Lot 5"), and The Trustee T o\\'nhomes .-\.t- The-Aspen Meadows Condommiwn Association. Inc.. (" Association") on behalf or the owners of Units 2. -1. 5. 6. 7. S and 9 of the Trustee Townhomes. The Institute and the .-\.ssociation request an additional extension of six mOl1ths ill the expiration of the growth management ailocations for the three multi-family units approved by the Ciry on Lot 5 and for an extension or :he vested rights granted by the Ciry for the ~rojects approved tor the Trustee T 0\\n!:omes. 011 or :bout Februarv 6. [996. (after re!e:lSe of the Lis Pendens recorded by Mohammed :-:::.d:..:i disc:lSsed in the most re:enr extension request). the rnsrir...:.~e ;Jurci1:.sed lot 5 from Savanan - :........:.,~ :l..,..-...~.."l.,I..., 1.1ISavOn.,n"~ ,]110 the..~:trte" "e"""'rde"1 C'''nu-om'l1l-um Dl~r '....e:::uina :1 -............... ,......'.._._l~ ~, u. ......1 i . ..... ..,....u .... _ _UJ, .! ... .....~ '-1 '=-' ~J,.C:JminIum oommunitv known as The Trustee Townhomes .~.t-The-~.sDen Meadows. Over the OJl:rse Jr' the :::.st te'.v months. The Institute was working cioseiy '.vith one third party to try to ':.J-,ic\:eiop [h= '::;.c::mt Cnits Ln J. way that would better ser:e the I:lsrirure"s long-term needs with J. :c;;:":o:i"e consr..-c1ction scnedule to minimize the disruption ot'me cultural Jrograrn.s at the Me:J.dows. The deiav caused by The institute's inability to purc~ase Lot 5. until the Hadid Lis Pendens "'.~, .:'::::J.lly :-e:::oved. crTe::::tiveiy pre::::iuded the je':eiopmer:.r or" :he \'J..c~r Units during the OIT- ,e':';,':l .is .lm:o::J:J.ted. A. Background: '-' :lcer :::c ?rovisions of Sec. Sol OS( .-\.)(2). de'/elopmenr :J.i[otrnenrs ana:J.ll other development Jared January 31. ! 996. and recorded February 6. ! 996 as Receprion No_ 389723 of '"::cur::.s <){"?:[/,..in Cuunry, Colorado , ,Zecorded on Feoruarv 6. ! 996 in Plat Book 39 ar P:::'{e i 6 ofr',e records of Pirkin :,':r."" Cuiura::::o "'""" - - - approvais are deemed to expire on the day after the third anniversary of the project's final Jeveiopment approval, unless a building permit is obtained and the project is developed. or unless an extension of the approval is obtained. The approvals are now scheduled to expire on J.une 19, 1996'. In March 1994, Savanah submitted building permit applications tor t\oVO multifamily projects in anticipation of obtaining building permits to begin construction of these t\oVo projects by the original deadline in June 1994. However, for scheduling reasons, Savanah needed to postpone commencement of construction of the seven new townhouse units on Lot 6 until the fall of 1994 and then begm renovation and enlargement of the Trustee Townhomes and construction of the three new umts on Lot 5 in the fail of 1995. Theretore, Savanah previously requested and received approval ,)f :m 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 extension. some unroreseen zoning issues arose with regard c'J these two projects as a result of City zoning starf review of the pending building permit CDClic:uions. These issues prompred Savanah, in Cc:ciJer [994. :0 seek two administrative :.me:1c..::;ents to me prior SPA approval. The Planning stat: reached a decision regarding these two :.dministrative amendments as documented in their March 16. 1995-memo. In the me:mtime. :e::ding a resolution of the proposed amendments. Savanah was granted a second extension to June : C . 00..::;: The [nstitute :md SavanaiJ. were granted a third and :orrh exte:1sion co June 19. 1996 (see ~~,=i~.~ce 6,06. J.ttached as Exhioit A) after The [nstitute entered into the option comnct to :':.~c::ase Lot 5 to allow addiuonai time to plan the phasing of construction by the two separate Jr';:.r,lz:ltions md 10 ilbtain the rei ease of ~he Hadid Lis Pendens which was filed precluding the ;::':::::5 :-rom rnoving for-Nard. :~ remains a goal of The Institute to minimize the disrumion ~o the summer programs of The , Sec. 6-20i(c) of the Code provides that in those mailers in which the Council hasJinai .:.-::,c-Q\'al. thai approval shaU be by ordinance. A site specific developmenr pian shall be deemed .:,-::,:wJ\'ed on [he "effective date" a/the approving urdinance. The effec:ive date of Ordinance .. _ ~.. under which the City granred Finai SPA Development Plan approval to the Aspen ',',.:dows. \Vas Jive business davs after [he date of publication of [he urdinance following fts .:-:::'"J'.-d on June 10: in other words. [he ~ffective date of [he ordinance \Vas June 20. 1991. -::,~"',r'o/'e. rhe GJlQS allocacions and vesced rights for [he :>vo multifamily residential projects in <, ,'''Den ,\,[~adows SPA were originally due:o expire on June 21. 1994, Under Ordinance :_';"; ,)rdil1ance fO/95. Ordinance 38/95 and Ordinance 6/96. City Council granced extensions ." .':X !I1omhs each: [he approvals are now due :0 expire un June 19. i 996. ~.' -,. :2 ,..,. ......, """ ".;I Institute and other nonprotit organizations by starting construction and by undertaking the most disruptive stages of construction during the off-season. Starting the projects during the off season, will also ~ase the problems of construction staging in the relatively constrained area remaining at the M~adows. The Institute requests the continued cooperation of the City in the ongoing agreement between the City and the members of the Consortium to try to avoid wmecessary disruptions of the academic programs at the Aspen Meadows through various construction stages to be undertaken. B_ Extension of GMQS Expiration Provisions for Lots 5 and 6: Under the provisions of Sec. 8-108(A)(7), multi-family developments shall be eligible for extension of the GMQS expiration provisions. To obtain an extension. an application for extension shail be submitted prior to the approval deadline which shall demonstrate to the satisfaction of City Council that the tallowing three conditions in bold have been met (The Institute's response to these conditions tallows each condition): (a) Those conditions applied to tbe 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. 3-108 (A)(2)(a)l. lO lhe best orthe Parties knowledge. all orthe conditions which were :lppiied to the Project under the SPA :\greemem have been complied with. i bj A.ny improvements which were required to be installed by the applicant prior ~w c_onstruction of the project have, been installed [Sec. 8- 108(A)(2)(b)l. "\11 Jf the Improvements which were required to be Instailed by applicant under the SPA \~ree:r.ent :md Ordinance S/96 have now been completed including the pianting of additional cottonwood street trees along Meadows R.oad, the elimination of the non- tUnctloning trail lights :llong old Meadows R.oad and some additional deanouts that the City requested be :ldded to the irrisration system: exceDt for condition :;3 set forth in Ordinance " - . =6. Series 1996. Section 1. '.vhich requites that by July 1. 1996 :lpproxlmately tifteen ([5) :0 "-\entv (20) more trees along Meadows Road be planted and that Aspen trees pianted wirlun :'~e crail easement be relocated. This planting has not yet been complete and extension of tillS requirement to October IS. 1996 is requested as the best eime to plant or re-Iocate crees is in late fall tar the greatest chance of survival. (C) The project has been diligently pursued in all reasonable respects, and the ~~ .,. J ..?.",,' ....... ....~ - extension is in the best interests of the community [Sec.8-l08(A)(2)(c)l. Despite the fact that actual construction of the new residential units and renovation and expansion of the existing residential units has not begun, Savanah as the predecessor in title 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 nonprofit organizations and the interruptions in construction during a large majority of the summer building se:JSons 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 building permits for the two projects which are the subject ot this request and has worked closely with City staff to resolve unforeseen zoning issues. The Institute has been unable to proceed with the projects due to delay in purchase of the prope:1y caused by the Hadid litigation. The Institute believes that the additional extension lS cie:lI'iy In the best interests of the community. In summ:lI'Y, Tne Institute and the Association are requesting 1I1 extension ot the GMQS "X::lr:llion provisions tor the allocations granted to the three townhouse units on Lot 5. mown as '_' nits c. 10 and II. as well as vested rights regarding the projects aporoved with regard to the Trustee lO\VMomes tor a period not to exceed six additional months. This extension is requested. :nc"der to ailow The Institute. additional time to arrange for and commence the development '.\,t::oufdisrupnon of the cultural and academic programs this summer. I I .,.... + "..... ""'" -' TheA Aspe~ Institute Administrative Certer 2010 Ciu'michaei Road ?O Box :!:!2 Queenstown. ~lD '.!t658 (410) ij20-5426 Fax 1410) 8%'/.918% Hmfimulftm 1333 :\~1I Hampshire ;he.. :-.:1,\1 SUlu: 11170 W<\Siungton. DC ~O():~ll (:!O~l 73l).:iB40 Fax (:''0''11 ~6j.H79H SnrflllarC..7ttl'T 1 DOll :--Jurth Third Street .\:ipen.CO:-ilti\\ (1)70) 344-i911U Fax (1J70) lJ2541HH O.1\'id T. \lcLUl~hlin ImJt/n.t June 7,1996 Ylr. Stan Clausen Directors of Community Development City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Re: The Aspen Institute, Inc., a Colorado :--.ionprorit Corporation Aspen Meadows Soeciallv Planned Area . .' Dear ),[r. Clausen: I ar.. '.vriting to you to conrirm that The Aspen Institute. Inc., f1.as ,JUrc:-.ased from Savanan Limited Partnership, Lot j, Aspen Yleadows Speciallv Planned Area ("Lot 5"). We have consented to the !Jreoaration o~ Gideon Kaufman or the attached extension request for the'residential Growth Ylanagement Quota System-'lp.provals and vested rights granted for LOt j under Ordinance 14, Series or 1991 and as modified by the HPC on c;enteT"" "'er 1 ':\ 1 QQ5 -' :' .....i.,.I.. '--.I, .......... . 'Jur:ng the processing or this application, T:ce .-\soen Institute, [ne. will ':e ~eC'resented bv Gideon Kaurman. Please contact Gideon at 925-8166 on . . Gur 'Je:,aif ir you nave J,nv questions Dr need ldditionai lniormation. C;' I _lllcere,y, The Aspen Institute. Ine. By D~'~!- 0T'v[ '",. .. I ~,:J E~c~o5u:e . ~ 1J fI . ::;~ "t. ~ :::4 .\;;;fI'" i,l,),. Lu.':' .,lj ":1'':''''; :..: Co ?: 'm: Sr~:,WN -', "-' "'~ Tha 1hfstee TOT.unJwmes at tM ~ M.eadows C~um Asso~moi07l, I11C. , _T.~ ........ -1&.- ....- l_a._ - -- - 1000 Nonh Thin;lStn:et AIo.n. CO &l611 (970) 56007900 Fu: (970) ~25-tlII JUlIe 7, 19% ~.r. Stall QlUSClll Ci.~ ot C;omml1n;ty De~nt Cicy of .~poI1 l30 S. GIl.w. StrECl .~, Colorado 31611 . R=: The T:ustCll Townl1Ot1l8S At- The-Asoc:n Mcadows Coadoaw,:um ASsoclaOon A!pell Meadows Spo=ally P'.wled AJea ~ Mr. Causc:n; P'~ b: SliYisoci tllat TIle Truar= Townl1omcs At- The-Astle:! Meadows Co;ncomiIuum AaIOCl&tlCl:. 1Dc. ]]as eo=tod to ttIa g=;:arauon by Gideon ;{.wiman of :he utIl:~ extswoll requ=t ior !he residential C-rowtb Management Quota SY81em lllprovuil.llld vcm<i riihts granted for Lot 5 uadcr Orrljn.n~. iol., Senes oi 1991aod ss ~by the HPC on Sepr-"iJa 13.1995. Durlng tile ~";'1g of t!li.I appticalion. The Tn:s:cc 7ownhoIr.:s At-TIle-Aspen Mea40w& ~nq"m;nillm. ...uaoc::mOll will be repzesentcd ',y Gideon KAufman. Please =: Gideon at ~-&166 on our beIlaIfi!you bave allY qucstioll.l or l!eeci additiolllll in!emution. Sinc..-::ly yow:s, "I:1e T :ust.:: 7ownhom.e& At-T"--=-Aspen ~sdcw! B'/.~~. . J,";';"" "'1 (!!:3 1/' IS/Ig E:::.closu:'ll ,.... - ORD[NANCE (, (SERIES OF 19%) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SL"{ MONTH EXTENSION. OF THE 1990 RESIDENTIAL GMQS ALLOTMENTS AND VESTED RIGHTS GRANTED BY ORDINANCE NO. [4, 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, ?ursuam to Section 24-8-108 of the Aspen Municipal Code. City Council may grant an extension or GMQS aliocarions up to six months for developments other than detached residential and duplex URlts: and WHEREAS. on June 10. 199\. City Council adopted Ordinance No. i4. Series of 1991. which ~pproved the .~spen YleadowsSpecially Planned Area Final Deveiopment Plan and included residential C:ivl(S 2.iloc=.uons: J.nu WHEREAS. the GMQS development ailotments included the construction or 10 townhomes an :'-\'0 ~J.rceis. LOiS 5 J.nd 6: :md WHEREAS. :he development allotments_expire on the day aiter the third anniversary of the date .."e C:ViQS allocations. or other development approvals. have been awarded; and WHEREAS. CJunci! has granted three prior six-month extensions whIch extended the GMQS .:il..K:.:.uon ~ci ':ested nghts to December 19, i995: and WHEREAS. the applicant. Savanah Limited Partnership. has recuested another six (6) 1110nth extecslon of :he G"'iQS alloc~tIons for Lots 5 and 6 or-the Aspen Meadows Subdivision: and WHEREAS. the aoolicant also requests an extension oi vested rights stalUS. to coincide with the ::' iQS .1Ilocotion extension; and Exhibit: A 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 starus finding that the Aspen Instirute requires more time to resolve legal issues and finalize purchase of Lot 5 without jeopardizing the option contract, Savanah requests to re-examinc the affordable housing mitig~tion requirement which has increased significantly since the 1991 approval. and avoiding campus disruptIon as a result of summer construction activity is in the best imerest of the community. "lOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF .,;"SPEN. COLORADO: Sec!:ion l: "'Jrsuam co Secnon 24-8-108 of the MuniCIpal Code, City Council does hereby grant the appiicant ~nother ,ix S'I :ncmh extension of the 1990 ResIdential GMQS allocation approved jv Ordinance 1... Series of ~90 I. extended bv Ordinance No. 22. Series of 1994. No. 1O, Senes of 1995. ana ~!o. 38, Senes of 1995 for '-::5:: :md S of the Aspen Meadows Subdivision begmning December 19, 1995. and ending June 19. 1996 . -. ,. .. . .\"Hj; :ne ;ollowmg conClUlons: -:"1e Jopiicam shail excavate the pedestrian/bike trail to the top of the slope on Lot 6. as required in the : ",ucito"tIal amendmem to the Aspen Meadows Lots 5 and 6, to be compieted by October 3 I. 1996. ~, -:-:.e oppiicont shall eiiminate the "on-functioning [radlights along old Mcadows Road by June I. 1996. ;',;c'ect :0 approval by the Pedestrian and Bikeway CDmmlttee. _ -:-ce JpplicJm shall plant approximately 15-20 more trees along Meadows Koad. consistent with the ":-:-,Jven landscope ?Ian. This shail be completed by July I, 1996. In Jddition. :he applicant is responsible :':c :~,= celccollcn of several Aspen trees that have been planted in the trail easement by July 1. 1996. .:. -:-~e CiX 6) month extension shall begin at the date of expiration of the previous 6 mo'mh extension which .s :::e:emoer : 9. 1996 and expire on June 19, 1996. 2 ,,..., """'" Section 1: Pursuant to Section 24-6-207 of the Municipal code. City Council does hereby gram the applicant an ~xtension 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. TIle extension of vested rights shall be for six months to June' 19, 1996. , TIle 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 bv .he terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. .'. TIle approval granted hereby shall be subject:o ,dl rights of referendum and judicial re'/iew. .;., Clothing in the approvals provided in this Ordinance shall exemot the site specific development "ian from subseauent reviews and or approvals required by this Ordinance or the general ruies. :-eguiaticns Qf ordinances or the City provided that meh ~e'lleWS or 1pprovnis are not inconsisrem '.van ':he J.!?9rOvais granted and vested herein. -:-:1e -:st:l.biisnrr.ent herein of J. '.'estetl property right :;~ail :lot preclude :he 1ppiic:l.tlol1 'Jf ordin~Ulce~ ,:r ~e~liJ.tlons wnic~ are generai 10 n:lture :lnd :J.re :.:.ppiicJ.Die to Jil ?roperty;uoJect to lallU use :-eguilltlOn by the C:ty of Aspen including, but not limited to. budding, rire. plumbing, ~iectricd and :ne:::h~n1c:J.l codes. In this regard. as a conditi.,)n of this site development approval. the developer ,hail co tOe OV any and 'all such building. fire. piumoing. e!ec:ncal and mechanical codes. uniess an ~x~:":1ptlon therefrom is gIilIlted in wri[i~l Section .:: ~::~ '::::: c:~:-~: sD:J.il cause notice of this Ordinance ~o be published in a newspaper of general circulation .\'i~:-'~:1 ::-:e C::'/ .]r' .'::"'spen no later :han fourteen \ 14) days t.ollowlOg Cinal adoption ,hereof. Section ~: :f ..:ny sec::on, subsection. sentence. clause. phmse or portion of this ordinance is for ~ny reason held invaiitl ::- 'Jnc:nstla~riGnai JY any court of competent junsdic!1on. such provision and such hoiding shall not ~:ff~ct :~~ ':aiic:ty of :~e :-emaining portions thereof. . Secrion =: -::~:s Crcii1ar.ce shall not affect ~lnY existing litigation and shaH not operate as Jr Jba[emenc of any action or ;:-2::e-::ding :iOW ~ending under or by virtu'e of the ordinances repealed or ;:H1~~ndetl as herein rrovitlt:tl. Jl\d ::-:~ ~;:;':nc si1~d 'ce conducted ;md concluded under such prIor ordinances. 3 ~<...... ...."''''"''' '-- ....,..... ~ Section h: A public hearing on the Ordinance shall be held on the 22nd day of January. 1996 at 5:00 P.M. in the City Counc:l Clambers. Aspen City Hall. Aspen Colorado, fifteen (15) days prior 10 which hearing a public notice of the 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 ..('~ (jtt~u/;;~ , 1996. tJ r- day of ~/L.-15~ J John Bennett. Mayor A'fT,EST: ~~ t/.~ ~ J 'i icu:..-<-&..rA-;-<J' , U1,/l Kathrvn S. Wdch. Ctv Clerk . U . /.:< FINALL Y.ldopted. ?assed and approved this daY'Jr ..--I . ~'~~Y396. ., J ''''''''-''',-. '\~ ..".,,~~., ".' lj' / .f.,-. .; I , ' ' a,. :-.,........,::...-yl....,..... -'~ I N I .., / ~.,'--" '-- t\:.:rhr:n S..Koch. CItv Cl.erk ';1 . (J L-., ,'7 j., r_ . l 7~---- ) John Bennett. :vlavor , 4 Request for Extension from GMQS Expiration Deadlines for The Trustee Townhomes At-The-Aspen Meadows This application is submitted on behalf of The Aspen Institute, Inc., a Colorado nonprofit corporation ("The Institute"), as Declarant under the Condominium Declaration for The Trustee Townhomes At-The-Aspen Meadows' and as owner of Units 1, 3,10 and 11, according to the Plat of The Trustee Townhomes At-The-Aspen Meadows 2 (the "Trustee Townhomes") a part of what was formerly known as Lot 5, Aspen Meadows Specially Planned Area ("Lot 5"), and The Trustee Townhomes At- The-Aspen Meadows Condominium Association, Inc., ("Association") on behalf of the owners of Units 2, 4, 5, 6, 7, 8 and 9 of the Trustee Townhomes. The Institute and the Association request an additional extension of six months in the expiration of the growth management allocations for the three multi-family units approved by the City on Lot 5 and for an extension of the vested rights granted by the City for the projects approved for the Trustee Townhomes. On or about February 6, 1996, (after release of the Lis Pendens recorded by Mohammed Hadid discussed in the most recent extension request), the Institute purchased Lot 5 from Savanah Limited Partnership ("Savanah") and, thereafter recorded a Condominium Plat creating a condominium community known as The Trustee Townhomes At- The-Aspen Meadows. Over the course of the last few months, The Institute was working closely with one third party to try to co-develop the vacant Units in a way that would better serve the Institute's long-term needs with a restrictive construction schedule to minimize the disruption of the cultural programs at the Meadows. The delay caused by The Institute's inability to purchase Lot 5, until the Hadid Lis Pendens was actually removed, effectively precluded the development of the vacant Units during the off- season as anticipated. A. Background: Under the provisions of Sec. 8-1 08(A)(2), development allotments and all other development 1 Dated January 31, 1996, and recorded February 6, 1996 as Reception No. 389723 of the records of Pitkin County, Colorado 2 Recorded on February 6,1996 in Plat Book 39 at Page 16 of the records of Pitkin County, Colorado '~ ,<II 1467.elf I ,..~"';, "'.,"'" 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 are now scheduled to expire on June 19, 19963. In March 1994, Savanah submitted building permit applications for two multifamily projects in anticipation of obtaining building permits to begin construction of these two projects by the original deadline in June 1994. However, for scheduling reasons, Savanah needed to postpone commencement 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 Townhomes and construction of the three new units on Lot 5 in the fall of 1995. Therefore, Savanah previously 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 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. The Institute and Savanah were granted a third and forth extension to June 19, 1996 (see Ordinance 6/96, attached as Exhibit A) after The 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 and to obtain the release of the Hadid Lis Pendens which was filed precluding the parties from moving forward. It remains a goal of The Institute to minimize the disruption to the sununer programs of The 3 Sec. 6-207(c) of the Code provides that in those matters in which the Council hasflnal 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 effictive 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 multifamily 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 granted extensions of six months each; the approvals are now due to expire on June 19, 1996. 1467.elf 2 ,.,...... ,"'..... ',-.--_.# Institute and other nonprofit organizations by starting construction and by undertaking the most disruptive stages of construction during the off-season. Starting the projects during the off season, will also ease the problems of construction staging in the relatively constrained area remaining at the Meadows. The Institute requests the continued cooperation of the City in the ongoing agreement between the City and the members of the Consortium to try to avoid urmecessary disruptions of the academic programs at the Aspen Meadows through various construction stages to be undertaken. B. Extension of GMQS Expiration Provisions for Lots 5 and 6: Under the provisions of Sec. 8-108(A)(7), 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 shall demonstrate to the satisfaction of City Council that the following three conditions in bold have been met (The Institute's 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 Parties knowledge, all of the conditions which were applied to the Project under the SPA Agreement have been complied with. (b) Any improvements which were required to be installed by the applicant prior to construction ofthe project have, been installed [Sec. 8- 108(A)(2)(b)). All of the improvements which were required to be installed by applicant under the SPA Agreement and Ordinance 6/96 have now been completed including the planting of additional cottonwood street trees along Meadows Road, the elimination of the non- functioning trail lights along old Meadows Road and some additional cleanouts that the City requested be added to the irrigation system; except for condition #3 set forth in Ordinance #6, Series 1996, Section I, which requires that by July 1, 1996 approximately fifteen (15) to twenty (20) more trees along Meadows Road be planted and that Aspen trees planted within the trail easement be relocated. This planting has not yet been complete and extension of this requirement to October 15, 1996 is requested as the best time to plant or re-locate trees is in late fall for the greatest chance of survival. (c) The project has been diligently pursued in all reasonable respects, and the 1467.e1f 3 extension is in the best interests ofthe community [Sec.8-108(A)(2)(c)]. Despite the fact that actual construction of the new residential units and renovation and expansion of the existing residential units has not begun, Savanah as the predecessor in title 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 nonprofit organizations and the interruptions in construction during a large majority of the summer building seasons 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 building permits for the two projects which are the subject of this request and has worked closely with City staff to resolve unforeseen zoning issues. The Institute has been unable to proceed with the projects due to delay in purchase of the property caused by the Hadid litigation. The Institute believes that the additional extension is clearly in the best interests of the community. In summary, The Institute and the Association are requesting an extension of the GMQS expiration provisions for the allocations granted to the three townhouse units on Lot 5, known as Units I, 10 and 11, as well as vested rights regarding the projects approved with regard to the Trustee Townhomes for a period not to exceed six additional months. This extension is requested in order to allow The Institute, additional time to arrange for and commence the development without disruption of the cultural and academic programs this summer. 1467.elf 4 -. ........ ,....." ........j' TheA Aspe~ Institute Administrative Center 2010 Carmichael Road PO Box 222 Queenstown, MD 21658 (410) 820-5426 Fax (410) 827-9182 Headquarters 1333 New Hampshire Ave., NvV Suite 1070 Washington, DC 20036 (202) 736-5840 Fax (202) 467-0790 Seminar Center 1000 North Third Street Aspen, CO SI6Il (970) 544-7900 Fax (970) 925-41 HH David T. McLaughlin President June 7, 1996 Mr. Stan Clausen Directors of Community Development City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Re: The Aspen Institute, Inc., a Colorado Nonprofit Corporation Aspen Meadows Specially Planned Area Dear Mr. Clausen: I am writing to you to confirm that The Aspen Institute, Inc., has purchased from Savanah Limited Partnership, Lot 5, Aspen Meadows Specially Planned Area ("Lot 5"). We have consented to the preparation by Gideon Kaufman of the attached extension request for the residential Growth Management Quota System approvals and vested rights granted for Lot 5 under Ordinance 14, Series of 1991 and as modified by the HPC on September 13,1995. During the processing of this application, The Aspen Institute, Inc. will be represented by Gideon Kaufman. Please contact Gideon at 925-8166 on our behalf if you have any questions or need additional information. Sincerely, The Aspen Institute, Inc. By: David T. McLa DTM/sg Enclosure 05/10/1995 17:13 Jun. (, I ~ ~ 0 2025859788 ':~OrM f. -I j.~ljlUII JOHN SARPA JANCO '...... PAGE 02 NO. b4iU r ii i From: SHAWN JIIIt . 'I'M 7hf*e 'D1umIwmeI at 1M ~MIIIdow. C~m AJsociation, Inc. ~ 1000 N..... Thin! Site., Alp.n. co 11111 (970) s..'/tOO hoc (j70) 825-01181 _T.*"""",*, - -...... .- S.... 0. ..... ,...., ......,- - l1111e 7, 1996 Mr. Stea alllSOll ~ of r......."'1Ii!y Devdopment City of AI 130 s. = Stilet AIpIm, Colorado 11611 ,: Re: The TNslee TOWIIII.oaIII At.The-AspcuMeldo'lls COIIclolllilllum A81ociation " Al1*I MeIdawI SpeciI1ly PIaDDe4 A.Jq ~ Mr. {'1.1UOPj; PIeue be IdvilOCl dill TIle Trulree TownhoDlOl At- The-Aspen Meadows ~"';"i1lJD AllOCUIioa,lIIc. bas COIdCIIre4 to lbe preparation by Gideon Kaufman of the we" u....,imI req..t for die IelideD.lW Growrb Mmagement QnoIa Syslem appzovlla uuI ~ ripts araaued for Lot 5 WIder OrtIi"Arlce 14, Series of 1991 and IS DIOcI1fted by !be HPC OIl Sel*mbcr 13. 1995. , , DlItlD& the ~111q of1bil-rr.1ito-l\tiIm, The Trustee Townhon1CS At-The-Aspen MeIdow. C.............."1um. AIIociItiOll wiI1 be represelltecl by Gideon Kaufman. Please COlIt8Ct Oideoa at 925-&166 011 our beIIalt It you have lilY que.tioftl or aeecI. Idditiollal ~n, Sincerely yolll'S. 'Ibe Trusr= Townh0m81 At.The-Aspen Meadows ~llIIIre r "" 1\.\,,_/ ,,-..., ,",- / 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 gran! an extension of GMQS allocations up to six months for developments other than detached residcntial 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 thc datc 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 Exhibit A 1 <: ........ ......,i 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-examinc the affordablc 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, Serics 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 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. 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 Committee. 3. The applicant shall plant approximately 15-20 more trees along Meadows Road, consistent with thc 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 mo-nth extension which is December 19, 1996 and expire on June 19, 1996. 2 ~." ........ i '-.. 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: 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 limitcd 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 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 d~ ~~~'19%. r- day of '-k 15~ ohn Bennett, Mayor 1/~ c , City Clerk FINALLY, adopted, passed and approved this / ~ day of ~96. ~ och, City Clerk ~/?~ John Bennett, Mayor 4 BROOKE A. PETERSON GIDEON L KAUFMAN" ERIN L. FERNANDEZ- LAW OFFICES OF KAUFMAN & PETERSON, P.C. 315 EAST HYMAN AVENUE ASPEN. COLORADO 81611 TELEPHONE (970) 925-8166 FACSIMILE (970) 925-1090 HAL S. DISHLER *** * ALSO ADMITTED IN MARYLAND - ALSO ADMITTED IN FlORIDA .... ALSO ADMITTED IN TEXAS June 13, 1996 ~fElCfEUVfElDJ JUN t 7 tqqR Mr. Stan Clausen Director of Community Development, City of Aspen 130 S. Galena Street Aspen, Colorado 81611 --- --- --- --- --- Re: Lot 5, Aspen Meadows, Specially Planned Area Dear Mr. Clausen: I am writing to you on behalf of The Aspen Institute, Inc., a Colorado nonprofit corporation, as Declarant under the Condominium Declaration for The Trustee Townhomes At- The-Aspen Meadows and as owner of Units 1,3,10 and 11, according to the Plat of The Trustee Townhomes At- The-Aspen Meadows a part of what was formerly known as Lot 5, Aspen Meadows Specially Planned Area, and The Trustee Townhomes At-The-Aspen Meadows Condominium Association, Inc., on behalf of the owners of Units 2, 4, 5, 6, 7, 8 and 9 of the Trustee Townhomes. The Aspen Institute, Inc. and The Trustee Townhomes At- The-Aspen Meadows Condominium Association are requesting review and approval by the City Council of the enclosed extension request for the residential development approvals granted for Lot 5 under Ordinance 14, Series of 1991 and as modified by the HPC on September 13, 1995. Please call if you have any questions or need additional information. Very truly yours, GlK:ds Enclosures 1492.elf AspenfPitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 City Land Use Application Fees: 00113-63850-041 Deposit -63855-042 Flal Fee -63860-043 HPC -63875-046 Zoning & Sign Permil MROII Use Tax /05000 County Land Use Application Fees: 00113-63800-033 Deposil -63805-034 Flat. t-., ~ -63820-037 Zoni~ -63825-038 Boat~of Adjustment Referral Fees: 00113-63810-035 00115-63340-163 00123-63340-190 00125-63340-205 00113-63815-036 County Engineer City Engineer Housing Environmental Health County Clerk Sales: 00113-63830-039 -69000-145 County Code Copy Fees Other <:>0 Total /050 Name:~ ~ Date:~~/ _Check:C~gfd.q Address: ProJect: ~Z,' /rJII) ,x/t"s? Case No: A7'S-'/6 hone: . No. of Copies