HomeMy WebLinkAboutcoa.lu.gm.845 Meadows Rd.A45-96— Aspen Meadows:Trustee Townhomes Lot5
845 Meadows Rd. GMQS Extension 96
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Aspen/Pitkin Community
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130 South Galena Street
Aspen, Colorado 81611
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CASED SUMMARY SHEET - CITY OFeN
DATE RECEIVED: 7/2/96 CASE # A45-96
DATE COMPLETE: STAFF: Suzanne Wolfi
PARCEL ID # 2735-122-31-001
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
ENGINEER
$0
HOUSING
$0
ENV HEALTH
$0
TOTAL
$0
AMT. RECEIVED $0
❑ City Attorney
❑ City Engineer
❑ Zoning
❑ Housing
❑ Environmental Health
❑ Parks
DATE REFERRED:
# APPS RECEIVED 1
# PLATS RECEIVED 1
TYPE OF APPLICATION:
One Step
❑ Aspen Fire Marshal
❑ City Water
❑ City Electric
❑ Clean Air Board
❑ Open Space Board
❑ Other:
INITIALS:
APPROVAL: Ordinance/Resolution #
Staff Approval
Plat Recorded:
❑ CDOT
❑ ACSD
❑ Holy Cross Electric
❑ Rocky Mtn Natural Gas
❑ Aspen School District
❑ Other:
DATE DUE:
CLOSED/FILED DATE: INITIALS: 5&11 %
ROUTE TO:
Date:
Date:
Book
, Page
MEMORANDUM
TO: Mayor and Council
THRU: Amy Margerum, City Manager
THRU: Stan Clauson, Community Development Director
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 Townhomes 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 of a six (6) month extension of the GMQS allocation and the extension of
vested rights status, with conditions. Council approved first reading of the request on July 8.
APPLICANT: The Aspen Institute and the Trustee Townhomes At -The -Aspen Meadows Condominium
Association, represented by Gideon Kaufinan
BACKGROUND: Council approved the 1990 GMQS allocation for 3 new townhomes on Lot 5 and 7 new
townhomes on Lot 6 as part of the Aspen Meadows Specially Planned Area development approval. The
SPA was approved in early 1991. The GMQS allocations were due to expire June 21, 1994. In April of
1994, Savanah requested a six month extension on the GMQS and vested rights for Lots 5 and 6. Council
granted the extension. The applicants have since requested and been granted extensions every six months,
which have extended the allocations and vested rights status to June 19, 1996.
On June 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.
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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 financing 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 26.100.100 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 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 1" to 1.5" overlay is required when the construction is
complete.
Although the construction of the new units and the renovation of the existing twnhomes 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
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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 final 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:
EXIDBITS:
Exhibit A - Extension Request
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' (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
' Dated January 31, 1996, and recorded February 6, 1996 as Reception No. 389723 of
the records of Pitkin County, Colorado
Z Recorded on February 6, 1996 in Plat Book 39 at Page 16 of the records of Pitkin
County, Colorado
1467.elf
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 summer programs of The
3 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
14191, under which the City granted Final SPA Development Plan approval to the Aspen
11eadows, 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 GMOS allocations and vested rights for the two multifamily residential projects in
the Aspen iWeadows SPA were originally due to expire on June 21, 1994. Under Ordinance
22194, Ordinance 10195, Ordinance 38195 and Ordinance 6196, City Council granted extensions
of six months each; the approvals are now due to expire on June 19, 1996
1467.elf
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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. 8-1O8(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 of the 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 1, 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.elf
•
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extension is in the best interests of the community [Sec.8-1O8(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
is
The
Aspen
Institute
David T. McLaughlin
President
Adminisim ive Center
2010 Carmichael Road
PO Box 222
Queenstown, MD 21658
(410) 820-5426
Fax (410) 827-9182
Headquarters
1333 New Hampshire Ave., NW
Suite 1070
Washington, DC 20036
(202) 736-5840
Fax (202) 467-0790
June 7, 1996
Mr. Stan Clausen
Directors of Community Development
City of Aspen
130 S. Galena Street
Aspen, Colorado 81611
Seminar Center
1000 North Third Street
.-Aspen, CO 81611
(970) 544-7900
Fax (970) 9254188
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 Ain
DTM/ sg
Enclosure
06/10/1996 17:13 20268697U JOHN SARPA JANCO PAGE 02
11VJ11 tu11 • N0. b4lu r & c
From:SHAWN
1000 North Third Rma
Mpen. CO 61611
(970) 5447900
FAX-. (970) 9264181
DOW T. *WvUY
MEMO IL fto
Nu Jleytu
jtAttt a am
s"" June 7, 1996
pfui" law
?WWW.
Mr. Stan Clausen
D4mctor of Community Devcbpment
City of Aspen
130 S. Galena Smoot
Aspen, Colorado 81611
Re: The Trustee Townhomes At -The -Aspen Meadows Condomimum Association
Aspen Meadows Spoelally Planed Ate&
Dear Mr. Clause.
Please be advised that The Trustee Townhomes At -The -Aspen Meadows
Condominium AssoaMoc, Inc. has consented to the preparation by Gideon Kaufman of
the attacbed extemuon request for the residential Growth Management Quota System
approvals and vested rights granted for Lot 5 under Ordinance la, Series of 1991 and as
modified by the HPC on September 13, 1995,
During the processing of this a.lieation, The Trustee Townhomes At -The -Aspen
Meadows Condom== Association will be represented by Gideon Kaufman. Please
contact Gideon at 925-9166 on our behalf if you have any questions or need additional
infoattuation.
Sincerely yours,
'fie Trustee Townhomes
At -The -Aspen Meadows
9ig
20sum
•
41
ORDINANCE 6
(SERIES OF 1996)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH EXTENSION
OF THE 1990 RESIDENTIAL GMQS ALLOTMENTS AND VESTED RIGHTS GRANTED BY
ORDINANCE NO. 14, SERIES OF 1991, AND EXTENDED BY ORDINANCE NO. 22, SERIES OF
1994, AND EXTENDED BY ORDINANCE NO. 10, SERIES OF 1995, AND EXTENDED BY
ORDINANCE 38, SERIES OF 1995 FOR THREE TOWNHOMES ON LOT 5 AND SEVEN
TOWNHOMES ON LOT 6 OF THE ASPEN MEADOWS SUBDIVISION, CITY OF ASPEN,
PITKIN COUNTY, COLORADO.
WHEREAS, pursuant to Section 24-8-108 of the Aspen Municipal Code, City Council may grant
an extension of GMQS allocations up to six months for developments other than detached residential and
duplex units; and
WHEREAS, on June 10, 1991, City Council adopted Ordinance No. 14, Series of 1991, which
approved the Aspen Meadows Specially Planned Area Final Development Plan and included residential
GMQS allocations; and
WHEREAS, the GMQS development allotments included the construction of 10 townhomes on
two parcels, Lots 5 and 6; and
WHEREAS, the development allotments expire on the day after the third anniversary of the date
the GMQS allocations, or other development approvals, have been awarded; and
WHEREAS, Council has granted three prior six-month extensions which extended the 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
Exhibit A
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 pedestrianibike trail to the top of the slope on Lot 6, as required in the
insubstantial amendment to the Aspen Meadows Lots 5 and 6, to be completed by October 31, 1996.
2. The applicant shall eliminate the non-functioning trail lights along old Meadows Road by June 1, 1996.
subject to approval by the Pedestrian and Bikeway Committee.
3. The applicant shall plant approximately 15-20 more trees along Meadows Road, consistent with the
approved landscape plan. This shall be completed by July 1, 1996. In addition, the applicant is responsible
for the relocation of several Aspen trees that have been planted in the trail easement by July 1, 1996.
4. The six (6) month extension shall begin at the date of expiration of the previous 6 month extension which
is December 19, 1996 and expire on June 19, 1996.
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:
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 -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 _day of
1996.
ATT ST:
Kathryn S. Vefi, City Clerk
ohn Bennett, Mayor
FINALLY, adopted, passed and approved this day of
96.
John Bennett, Mayor
Kathryn S. och, City Clerk
4
LAW OFFICES OF
BROOKEA. PETERSON KAUFMAN & PETERSON, P.C. TELEPHONE
GIDEON I. KAUFMAN* (970) 925-8166
ERIN L. FERNANDEZ— FACSIMILE
315 EAST HYMAN AVENUE (970) 925-1090
ASPEN, COLORADO 81611
HAL S. DISHLER
'ALSO ADMITTED IN MARYLAND
- ALSO ADMITTED IN FLORIDA
ALSO ADMITTED IN TEXAS June 13, 1996 '0
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,
KAUFMAN & PETERSON, P.C..
A
Ij
GIK:ds
Enclosures
1492.cif
MEMOR.aNDUM
TO: Mayor and Council �1tI�
T HRU: Amy Margerum, City Manager \ t�"
THRU: Stan Clauson, Community Development Directo
FROM: Suzanne Wolff, Planner
DA TE: Juiv S. 1996
RE: Aspen Meadows Lotf Residential GMQS and Vested Ritihts Extension Request -
First Reading of Ordinance Series of 1996
SUNINLaRY: T lle aspen Institute and the Trustee Townhomes At -The -Aspen Meadows Condominium
Association. as owners of the units on Lot 6, have requested an additional six month extension to their I990
G\-1QS allotment for three new imulti-family units and to the vested rights granted for the development on
Lot : of the aspen Meadows Specially. Planned Area.
This request would extend the allocation and the vested rights to (December 19, 1996. The application is
attached as Exhibit A. The last extension Ordinance (Ordinance 6, Series of 1996) is included in Exhibit A.
Staff recommends approval of a six (6) month extension of the GiviQS allocation and the extension of
e>ted rights status. with conditions.
APPLICANT: The aspen Institute and the Trustee Townhomes At-ilie-aspen Meadows Condominium
tocl."non. represented by Gideon Kauiinan
BACKGROUND: Council approved the 1990 GMQS allocation for 1 new townhomes on Lot ; and , new
[0\\ illlonles oil Lot 6 as part of the Aspen Meadows Specially Planned Area development approval. "rile
PA was approved in early 1991. The GNIQS allocations were due ro expire June '- 1. 1994. to April of
Sa\ anaii requested a six month extension on the GiVIQS and vested rights for Lots and 6. Council
gr.-tired [he extension. The applicants have since requested and been ;ranted extensions every six months,
\k ili,;h ha\, extended the allocations and vested rights status to June 19. i996.
0!1 iUnC 1-. ;Q%. the applicant submitted a request for an additional extension. City policy has been that if
.'.11 :0pitc--non nor an extension is received before the expiration date of the vested rights, City Council will
,:onsider the request as timely tiled even though the matter is scheduled by City Council for consideration
otter the e\,piration date.
Lot 5 was originally included with Lot 6 in a Notice of Lis Penciens recorded by Mohammad A. Hadid in
connection with a lawsuit tiled by him against principals of Savannah Limited Partnership in April of 1995.
While the Lis Pendens was in effect, Savanah was prohibited from selling, developing or financing either
Lots 5 or 6. On November 15, 1995. the trial court ordered the Lis Pendens removed. Mr. Hadid
subsequently 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 from or extension of the approval is obtained.
For developments other than a subdivision, an application for extension shall be submitted prior to the -zhird
anniversant of the date of approval of a site specific development plan which shall demonstrate to the
satisraction of ciry council that:
iat nose conditions applied to the project at the time of its final aoorovai ,vrucir ,vere 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 t�:tensioris 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 :rail easement have not vet been removed and 1 -_0 additionai trees must be planted along �teado«-s
Road to comply with the approved landscape plan. The Institute has agreed to fulfill these requirements,
but requests all extension of the deadline to October l:, 1996. in order to piant and re -locate the trees during
the fall when they have a better chance of survival.
ni- :mvroventents which were required to be installed by the aoplicant prior to construction of the
nr oiect hm•e been installed:
RESPONSE: .all [lie improvements which were required under the SPA Agreement have been completed.
.although :onstruction has not begun for Lots 5 and 6, the applicant shall be required to mitigate any
.:onstruction damage to .aspen Meadows Road and a I" to 1.5" overlay is required when the construction is
compiete.
Aldtom,ji :az .onstruction of the new units and the renovation of the existing townhomes has not begun,
utilities iia�: been installed and road upgrades completed.
has been diligently pursued in all reasonable respects. anti the extension is in the best
;rrt�>r sr re community.
RESPONSE: Staff notes that this is the fifth extension requested by the applicant. Staff recommended in
Febru::n_ 'Lint no further extensions be granted for reasons beyond unforeseeable legal circumstances
specific :o rite Lis Pendens. The delay caused by the inability of the Institute to purchase the lot prior to
•
C]
removal of the Lis Pcntten.s precluded the development of the units during, the springy, off-season as
anticipated. The Institute has been working with a third oarty to co -develop the units to serve the Institute's
lone -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 final 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:
I . file applicant shall plant approximately 15-30 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.
The six (6) month extension shall begin at the date of expiration of the previous 6 month extension
witicir 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_ he extension of the 1990 Residential Giv OS allocation and vested rizits status for Lot 5 of the
Asoe:l Meadows Speciaily Planned Area to December ! 9. 1996."
CITY NL-�_NAGER'S COMMENTS:
EXHIBITS:
&,hibit A - � ..,ens on Request
3
•
•
ORDINANCE _
(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, 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
0'rant 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 Speciaily Planned Area Finai Development Plan and included residential
GAiQS ailocations: and
WHEREAS, the GMQS development allotments included the construc:ion of three new
t „i;omes Lot and
WHEREAS, the development allotments expire on the day after the third anniversary of the date
.iie 6NtQS allocations, or other development approvals, have peen awarded, and
%VHEREAS. Council has ;ranted four prior six-month extensions wiiich extended the GNIQS
':1 0�21ion ana vested rights to June 19. i996, and
WHEREAS, the appiicants, the Aspen Institute and the Trustee Townhomes At -The -Aspen
; Condominium Association. has requested another six (6) month extension of the Giv[QS
i'.;,anons or Lot - of the .-aspen Meadows Speciaily Planned area: and
WHEREAS, the applicant also requests an extension of vested rights status, to coincide with the
QS allocation extension; and
Ordinance No. Series of 1996
Pat -ye ? —
WHEREAS, the Community Development Department, Laving reviewed the application
recommends approval of a six (6) month extension of the GMQS allotments and vested rights approved in
Ordinance 14, Series of 1991; and
WHEREAS, the Aspen City Council, having considered the Community Development
Department's recommendation for the GMQS extension, does wish to grant another extension for six (6)
months and extend vested rights status, finding that the de!av caused by the Institutes inability to purchase
Lot 5 until the lot .vas released from litigation prevented commencement of construction during the spring
off-season, and that 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 l:
-011rsuant to Section 26.100.100 of the Aspen Municipal Code. City Council does hereby grant the applicant
nobler six (6) month extension of the 1990 Residential GMQS allocation approved by Ordinance 14,
Series of 1991. extended by Ordinances No. 22, Series of 1994, No. 10, Series of 1995, No. 38, Series of
roc and No. 6. Series of 1996. for Lot 5 of the Aspen Meadows Specially Planned Area beginning June
J06. and ending December 19, 1996 with the following conditions:
i he appiicant shall plant approximately l 5-_0 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.
The six (6) month extension shall begin at the date of expiration of the previous 6 month extension
'Ahich is December 19, 1996 and expire on June 19, 1996.
Section
k i
?,:r:uant to 'Section=6.100. l00 of the Aspen Municipal Code, City Council does hereby grant the applicant
exte ision of vested rights status for the site specific deveiopment plan .:or Lot 5 of the Aspen Meadows
Sn:ci il% Planned Area as approved by Ordinance 14, Series of 1991 and insubstantially amended by
?'.:nning Office memo dated March 16. 1995, with the following conditions:
Tile extension of vested rights shall be for six months to December 19, 1996.
Ordinance No. . Series of 1996
Page 3
"fhe rights granted by the site specific development plan approved by this Ordinance and the
insubstantial 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. T'Ite approval granted hereby shall be subject to all rights of referendum and judicial review.
?. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan
from subsequent reviews and of approvals required by this Ordinance or the general rules, regulations
or ordinances or the City provided that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
The establishment herein of a vested property right shall not preclude the application of ordinances or
regulations which are general in nature and are applicable to all property subject to land use regulation
by the City of Aspen including, but not limited to, building, fire, plum bing,_electrical and mechanical
codes. (n this regard, as a condition of this site development approval, the developer shall abide by any
and all such building, tire, plumbing, electrical and mechanicai codes, unless an exemption therefrom is
*ranted in writing.
erection :
Tire Cicy Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation
itnin the C n- of Aspen no later than fourteen (14) days following final adoption hereof.
Section 4:
If an.,- section. subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid
,r .:nconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect
aiidin or'rite remaining portions thereof
Section
T Iiis Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or
Troceeding now pending under or by virtue of the ordinances repealed or amended as herein provided. and
:ire same shail be conducted and concluded under such prior ordinances.
Section 6:
=.: ubhc herrin; on the Ordinance shall be held on the 12th day of August, 1996 at 5:00 P.M. in the City
Council Chambers. Aspen City Hall, Aspen Colorado, fifteen (1 S) days prior to which hearing a public
:iorice of the same shall be published one in a newspaper of general circulation within the City of Aspen.
Ordinance No. , Series of 1996
Page 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
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this day of , 1996.
John Bennett, Mayor
-\ 'IL EST:
Kathrvri S. och, City Clerk
• • Exhibit A
Request for Extension from GvIQS 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, ;, 10 and 11, according to the Plat
of The Trustee Townhomes At -The -Aspen Meadows -(the "Trustee Townhomes") a part of what
«<zs tormerly known as Lot 5. Aspen Meadows Specially Planned Area ("Lot 5"), and The Trustee
Townhomes .-fit-The-Aspen Meadows Condominium Association. Inc.. ("Association") on behalf
of the owners of Units 3, s, 5, 6, i. 3 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-famiiv units approved by the City on Lot 5 and for an
,extension .he vested rights `ranted by the City for the projects approved for the Trustee
To«-. omes.
On or 2bout February 6, 1996, (after release of the Lis 'erdens recorded by Mohammed
discussed in the most recent extension request), the Instimze purchased Lot 5 from Savanan
and. therearter re ,orded
• �.lp ; "Savanah") Condominium Plat o
•on _, creating i
c.. rl1 lurtl community known as The T rastee Townhomes a At -The- aspen Meadows. Over the
.:Our_e of the vast te:v months. T'ne institute was working c!oseiv with one third parry to try to
Je tute
eiop the vac ant Units in a way that wouid better serve the insti's long-term needs with a
-- �.c:ive constr action scheduie to minimize the disruption of the culmmi programs at the Meadows.
= The deiav caused by The Institute?s inability to purchase Lot 5. until the Hadid Lis Pendens
is
:c:,=11y -e.:,oved,-ffectiveiy precluded the development of . -he vacant 1.n1th
tS durin, e off -
as anr,::pated.
a• Background:
nC2r :: e provisions of Sec. 3- i 03(A)('), sevelooment aiiolments anti all other deveiopment
:�arec, ianuar✓ -,1, 1996. and recorded ; ebruar✓ 6. 1996 as Reception :Vo. 389771 of
.curds �r ?a�;n County. Colorado
Recorded on r ebruary 6. 1996 :n Plat Book 39 at P
C.olorac.o age 16 of t':e records of Pitkin
�,'
approvals are deemed to expire on the day after the third anniversary of the proiect' 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,
1996".
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
ori6nal 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 1, 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
appucations. These issues prompted Savanah, in Cctober 1994, to seek two administrative
ara�zc.:.ents to the prior SPA approval. The Planning staf: reached a decision retarding these two
administrative amendments as documented in their March 16. 1995-memo. In the meantime.
^ending s resoiution of the proposed amendments. Savanah was tranted a second extension to June
The Institute and Savanah were granted a third and forth extension to June 19, 1996 (see
:,7, :nce 5i96. attached as exhibit A) after the Institute entered into the option contract to
, cnase Lot to allow additional time to plan the phasing of construction by the two separate
}rzanizations and ;o -obtain the release of! he Hadid Lis Pendens which •vas filed precluding the
,a.•-izs :rom moving forward.
.t remains a Qoal of The institute to minimize the disruption to the summer programs of The
Sec. 6-207(e) of the Code provides that in those matters in which the Council has finai
^roval, that approval shall be ov ordinance..4 site specific development plan shall be deemed
on the "effective date" of -the approving ordinance. I"ne effective date of Ordinance
4 : , under which the City o anted Final SP.4'Development Plan approval to the .-lspen
was five business days after the date of publication of the ordinance following its
^_,ro:•al on June 10: in other words, the effective date of the ordinance was June -0. 1991.
--:-retore. the G.VIOS allocations and vested rights for the two multifamily residential projects in
.a;;en .L[eadows SP.1 were originally due to expire on June 21, 1994. Under Ordinance
Ordinance 10/95. Ordinance 38/9� and Ordinance 6196, City Council granted extensions
_� :x months each: the approvals are now due to expire on June 19, 1996.
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 case 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 3 and 6:
Under the provisions of Sec. 3-108(A)(7), multi -family developments shall be eligible for
extension of the GiVIQS expiration provisions. To obtain an extension, an application for extension
shall be submitted prior to he approval deadline which shail demonstrate :o the satisfaction of Citv
Council that he foilowing three conditions in boid have been met (The lnstitute's response to these
conditions foilows 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)(_)(a)j.
o -he best of the Parties , wied get. all of the conditions �. hic were appiied to the Project
.s:der me Si?A .agreement have been compiled with.
b ) .any improvements which were required to be installed by the applicant prior
=W construction of the project have, been installed (Sec. 3- 108(A)(2)(b)j.
-kii e mprovements which were required to be installed by -ppiic :rtt under the SPA
lr�cn ent and Ordinance �i96 have now been :ompieied Mciuding the pianting of
additional cottonwood street trees along Meadows Road, the eiimination of he non-
urc:ioning trail lights along oid Meadows Road and some additional cleanouts that he Ciry
_o'uested be added to the ir: gation system: except for condition -i set forth in Ordinance
=6. series 1996. Section 1. which requires that by July 1. 1996 approximately fifteen (15)
:o �wenn' (=0) more trees along :Meadows Road be planted and -.hat Aspen trees planted
'Nitlun i e :rail easement be reiocated. This planting gas not vet been comoiete and extension
of :his requirement to October 15. 1996 is requested as he best time to plant or re -locate
trees is in late fail for the greatest chance or survival .
(c) The project has been diligently pursued in all reasonable respects, and the
3
extension is in the best interests of the community (Sec.3-1O8(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 worsting
within the constraints of the fund-raising efforts of the nonprofit organizations and the
interruotions 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 reauest 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 cleariv in the best interests of the community.
.n stunmarv. The Institute and the Association are requesting an Ixtension of he GMQS
expiration provisions for the allocations granted to the three townhouse units on Lot 5. mown as
ruts ;. 10 and 11. as well as vested rights regarding the projects approved with regard to the
i rsstee i owrihomes for a period not to exceed six additional months. This extension is requested
in c raer to allow The Institute, additional time to arrange for and commence the development
•.%`r:,ouf disruorion of the cultural and academic programs this summer.
4
•
•
The 16
Aspen ,
1 ,
Institute
D,"d T MkLulghlin
Prrslaeft
Administrative Center
2010 Carmichael Road
PO Box 222
Queenstown. `lD '_' 1658
(410) S20-5426
Fax (410) 827-9182
Heariatutrtern
1333 .Ncw I{ampshire Ave.. Nl1••
5uuc 1070
WAshington. DC'10036
(_'0`d) 7,31i5840
Fax (2021 467-0791)
June 7, 1996
Mr. Stan Clausen
Directors of Community Development
Citv of Aspen
130 S. Galena Street
Aspen, Colorado 81611
Semmar 1 deter
I(NH) North Third Street
";pelt. CO'i1611
(970) 544-79(N)
Fax (970) 723-4188
Re: The Aspen Institute, Inc., a Colorado Nonprofit Corporation
Asven Meadows Specially Planned Area
Dear M.-. Clausen:
I ar_ writing to you to confirm that The Asve: I_nstitute, Inc., Pas
our chased from Savanah Limited Partnership, Lot 3, Aspen Meadows
Saeeiaily Planned Area ("Lot 31. We have consented to the orevaration
ov Gideon Kaufman or the attached extension request for the residential
Growth Management Quota Svstem approvals and vested rights granted
:or Lot 3 under Ordinance 14, Series of 1991 and as modified by the HTC on
Septe_ 'ber 13, 1995.
Du-:::g the processing or 'his application, --he Aspen Institute, inc. will
oe -en-resentedby Gideon Kaufman. Please contact Gideon at 9?5-8166 on
our ')ePaif if you Pave anv questions or need additionai information.
Sincerei v,
The Asjen ::,sZ:_ute, Inc.
David T. NIcLa iin
C
L.^.closure
The Truster Tourn}wmes
at the Aspen Meadows
Condmi7tium Assvc'aE on, Inc
i
Ail T. 1�l�tJr
We"4u IL ram
:Itr J1��
Jowl a &M
sMF-f
r•.t.. w
rftW45.
June 7, 1996
u-r. Stan C ILUSM
Ci-=rr Of Commuaity Dsvcio=aent
City of .jpen
130 S. Gnarls Strac
Aspen, Calciado 31611
1000 North third Sulu
.Aio.n. CO 61611
(970) 544P7900
rt c (9T0) 92"s
Re: The '":ustee Tow=omes At-Tbc-Aspen Meadows Condomin = Association
Asvea Mesdaays Spec aily Flamed area
:ear Mr. C:au=;
?11i= bc advised that the Trustee Townaamcs At-;'he-rsccn Meadows
"scot nlurtt .�ssaciarlat:.:nc. �w conseated to the o=araucn by Gic :on Kauiman of
�hc U=wd eztanuon =uost ier Je residential C-ro%6..Vanagcrt)e.;t Quota System
sap;ovus and vested ng&.s granted for Lot 5 uarx Crdinaa: - ie, Senes of 1991 and as
modilled by t ;e F2C on Segtamoe 13.:995.
Dtmng the ✓recessing of this analicmen. he :'=,ce : owt: =_-s At- - ae-Asoe.Z
%Aeaaawg C :Mdc *rium .kss=aaon �iU be ttprescatea cy Gideon {:uiman. Kcase
Gideon 30=1-9166 on our behalf if you have any questions er reed additional
ut..t=twn-
Sits
azcics=
Siacc--iy ,lours.
AL-T`...�-Ast:en idtsGaw9
H
10
C
ORDINANCE ('
(SERIES OF 199(1)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SLY 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
TOWNHONIES 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 :nonths or deveiopments other Shan 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-SpeciallyPlanned Area Final Development Plan and included residential
GMQS allocations; and
`VHET.tLAS. the GMQS development ailotments .nc:uded ;he construction of 10 townhomes on
,.vo :;arceis. Lots : and 6: and
WHEREAS, the development ailotments_expire on the day after the third anniversar✓ of the date
ne C..,<S allocations, or other deveiopment approvals, have been .warded: and
%VHE^.E.1S, Council has granted three prior six-month extensions which extended the GivlQS
-iloc�tion and vested -i;hts to December 19, 1995; and
WHEREAS. the appiicant, Savanah Limited Partnership, has requested another six (6) month
tx,=sion of :he GMQS allocations for Lots 5 and 6 -of the Aspen iVteadows Subdivision. and
WHEREAS, the applicant also requests an extension of vested ri,nts status. to coincide with the
-:,,iQS allocation extension; and
ki
FXhibic A
— 0 0
WHEREAS, the Planning Office, having reviewed the application recommends approval of a six
(6) month extension of the GiVIQS allotments and vested rights approved in Ordinance 14, Series of 1991;
and
WHEREAS, the .-aspen City Council, having considered the Planning Off -ice's recommendation for
the GMQS extension, does wish :o grant another extension or 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
initigation requirement which has increased significantly since the 1991 approval, and avoiding campus
disruption as a resuit of summer construction activity is in the best interest of the .:ommunity.
NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN. C0LOR AD0:
-;Zecdon t•
?,rsuant to Section'_4-8-108 of the Municipal Code, City Council does hereby grant the applicant .mother
six St -month extension of the 1990 Residential GLIYIQS allocation approved by Ordinance 14, Series of
.991. extended by Ordinance No. 22, Series of 1994, No. 10, Series of 1995, and No. 38, Senes of 1995 for
L:ts 5 and 6 of the .aspen Meadows Subdivision beginning December 19, 1995. and ending June 19. 1996
.v icr -,he foilowin; conditions:
,e �poiicant shall excavate the pedestriarvbike trail to the top of the slope on Lot 6, as required in the -
:r,:ucst-=tial amendment to the Aspen Meadows Lots 5 and 6, to be completed by October 31. 1996.
applicant shall eliminate the non-functioning trail lights along old Meadows ,toad by June 1. 1996.
:o approvai by the Pedestrian and Bikeway Committee.
_ . The applicant shall plant approximately 15-20 more trees along Meadows Road, consistent with the
_^^-oVed landscape plan. This shail be completed by July 1, 1996. In addition, the applicant is responsible
:1:7 :-e-eiecation of several Aspen trees that have been planted in the trail easement by July 1, 1996.
e six 6) month extension shall begin at the date of expiration of the previous 6 month extension which
:!ember 19. i996 and expire on June 19, 1996.
2
Section =:
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 and 6 of the Aspen
Meadows Subdivision as approved by Ordinance 14, Series of 1991 and amended by P!anning 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. i ne 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. la, Series and insubstantiaily amended. However, any failure to abide
by the terms and conditions attendant to this approval shall result in forfeiture of said vested
property rights.
The approval granted hereby shall be subject to all rights of referendum and judicial review.
Nothing in the approvals provided in this Ordinance shall exempt the site specific development pian
prom 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 nor inconsistent
with the aporovals ;ranted and vested herein.
:. -:,e establishment herein of a vested property i,2ht s,ail not preclude ;he application -if ordir.;u�ces
cr ;egaiacions which are general in nature and are appucaoie to ail property uoject to land use
-egttiation by the City of Aspen including, but not limited to, building, tire. piumoing, electrical and
mechanical codes. in this retard, as a condition of this site development approval. the deveioper
-zhail --bide by any and -all such building, fire, piumbing, electrical and mechanical codes, unless an
m exeption therefrom is granted in writing.
erection
shall cause notice of this Ordinance to be published in a newspaper of ueneral circulation
^in e C:;v ,f :?seen no later than fourteen t 14) days followin- Final adoption hereof.
erection
if _ny section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid
::rconsututionai by any court of competent jurisdiction, such provision and such hoiding shall not affect
validity of tie remaining portions thereof.
erection _:
.:,:s Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or
„c ceding now pending under or by virtue of the ordinances repealed or amended as herein provided, and
:.`.e sznit shall 'Ce 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.bl. in the City
Council Caambers. Aspen City Hall. Aspen Colorado, Fifteen (15) days prior io 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 day of
1996.
l/
John Bennett, .viavor
ATTEST:
Kathryn S. Wdch. City CIerk
FINALLY. adopted, passed and approved :his day of
--W .
J �
John Bennett. Mayor
K.:thn•n S Koch. City Clerk
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' (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
' 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
1
1
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,
1996'.
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 summer programs of The
3 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
14191, 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
22194, Ordinance 10195, Ordinance 38195 and Ordinance 6196, 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 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. 8-1O8(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 of the 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 1, 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.elf
extension is in the best interests of the community [Sec.8-1O8(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.
i46'7.elf
4
•
•
The
Aspen
Institute
David T. McLaughlin
President
Administrative Center
2010 Carmichael Road
PO Box 222
Queenstown, MD 21658
(410) 820-5426
Fax (410) 827-9182
Headquarters
1333 New Hampshire Ave., NN1
Suite 1070
Washington, DC 20036
(202) 736-5840
Fax (202) 467-0790
June 7, 1996
Mr. Stan Clausen
Directors of Community Development
City of Aspen
130 S. Galena Street
Aspen, Colorado 81611
Seminar Center
1000 North Third Street
Aspen, CO 81611
(970) 544-7900
Fax (970) 925-4188
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. McLa41in
DTM/ sg
Enclosure
06/10/1996 17:13 2026869788 JOHN SARPA JANCO PAGE 02
gun ,�Sp 4;�u;M �;r i1VJlltui� • No. 04Lu
From;SHAWN
T►"i tm T7uJI1%wmes
at Me Aspen Meadows
Carl iminium Amdaf=41w.
4
llerrw Mears
Wu1WAW
John Q
s"" June 7, 1996
hob, Now
».e.s
NA-r. Stain Clause11
D41v= of Commuuitty Devclopment
City of tUpneann
130 S. (3oleaa Sum
Aspen, Colorado 81611
1000 North Third SUCCE
Mpen. CO 61611
(970) 634-7900
pIA: (970) 926-4188
Re: The Trustee Townhomes At•Thc•Aspca Meadows Condominuum Association
Aspen Meadows Specially Planned Ana
Dear Mr. Cls=s
Please be advised that The Trustee Townhomes At -The -Aspen Meadows
Condominium Association, Inc. has consented to the preparation by Gideon Kaufman of
the ausched 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
niodified by the HPC on Septembcr 13.1995,
Due the ss of this tication, The Trustee Townhomes At -The -Aspen
�8 PrO� �8 �
Meadows Condominium Asaociatdon will be represented by Gideon Kaufman, Please
contact Gideon at 925-9166 on our behalf if you have any questions or need additional
information.
Sincerely yours,
The Trust= To'r<'aomes
At -The -Aspen Meadows
Vosure
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 i
ORDINANCE NO. 14, SERIES OF 1991, AND EXTENDED BY ORDINANCE NO.22, SERIES OF
1994, AND EXTENDED BY ORDINANCE NO. 10, SERIES OF 1995, AND EXTENDED BY
ORDINANCE 38, SERIES OF 1995 FOR THREE TOWNHOMES ON LOT 5 AND SEVEN
TOWNHOMES ON LOT 6 OF THE ASPEN MEADOWS SUBDIVISION, CITY OF ASPEN,
PITKIN COUNTY, COLORADO.
WHEREAS, pursuant to Section 24-8-108 of the Aspen Municipal Code, City Council may grant
an extension of GMQS allocations up to six months for developments other than detached residential and
duplex units; and
WHEREAS, on June 10, 1991, City Council adopted Ordinance No. 14, Series of 1991, which
approved the Aspen Meadows Specially Planned Area Final Development Plan and included residential
GMQS allocations; and
WHEREAS, the GMQS development allotments included the construction of 10 townhomes on
two parcels, Lots 5 and 6; and
WHEREAS, the development allotments expire on the day after the third anniversary of the date
the GMQS allocations, or other development approvals, have been awarded; and
WHEREAS, Council has granted three prior six-month extensions which extended the 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
Exhibit A
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 1, 1996.
subject to approval by the Pedestrian and Bikeway Committee.
3. The applicant shall plant approximately 15-20 more trees along Meadows Road, consistent with the
approved landscape plan. This shall be completed by July 1, 1996. In addition, the applicant is responsible
for the relocation of several Aspen trees that have been planted in the trail easement by July 1, 1996.
4. The six (6) month extension shall begin at the date of expiration of the previous 6 month extension which
is December 19, 1996 and expire on June 19, 1996.
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:
The extension of vested rights shall be for six months to June 19, 1996.
2. The rights granted by the site specific development plan approved by this Ordinance and the
insubstantial amendment shall remain vested for a total of five year from June 21, 1991, which was
approved by Ordinance No. 14, Series and insubstantially amended. However, any failure to abide
by the terms and conditions attendant to this approval shall result in forfeiture of said vested
property rights.
The approval granted hereby shall be subject to all rights of referendum and judicial review.
4. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan
from subsequent reviews and or approvals required by this Ordinance or the general rules,
regulations or ordinances or the City provided that such reviews or approvals are not inconsistent
with the approvals granted and vested herein.
The establishment herein of a vested property right shall not preclude the application of ordinances
or regulations which are general in nature and are applicable to all property subject to land use
regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condition of this site development approval, the developer
shall abide by any and -all such building, fire, plumbing, electrical and mechanical codes, unless an
exemption therefrom is granted in writing.
Section 3:
The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation
within the City of Aspen no later than fourteen (14) days following final adoption hereof.
Section 4•
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect
the validity of the remaining portions thereof.
Section 5•
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or
proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and
the same shall be conducted and concluded under such prior ordinances.
o •
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 day of
I? 1 1996.
ohn Bennett, Mayor
ATT ST:
Kathryn S. ch, City Clerk
FINALLY, adopted, passed and approved this day of
96.
John Bennett, Mayor
E
Kathryn S. och, City Clerk
LAW OFFICES OF
BROOKE A. PETERSON KAUFMAN & PETERSON, P.C.
GIDEON I. KAUFMAN*
ERIN L. FERNANDEZ—
315 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
HAL S. DISHLER
• ALSO ADMITTED IN MARYLAND
'• ALSO ADMITTED IN FLORIDA
••-ALSO ADMITTED IN TEXAS June 13, 1996
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:
TELEPHONE
(970) 925-8166
FACSIMILE
(970) 925-1090
��E#VET
JUN 17 1g9R
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,
KAUFMAN & PETERSON, P.C.,
A
ag
GIK:ds
Enclosures
1492.elf