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HomeMy WebLinkAboutcoa.lu.gm.AspenMeadowsLots5&6.A97-94Aspen Meadows GMQS Extension 2735-122531-001&003 A97-94 .� Zz -�i - --= - - 3 -- - - - - -- - - 0 ASPEWPrMN PLANNING OFFICE ( 130 South Gwom Street _ Aqw, Colorado 81611 } -. (303) 920 5090 r:.. YsaV, ,.z LAND USE APPLICATION FEES CITY: -6325a134 -63270-136 •63280-137 -633o0-139 -=10-140 -63320-141 -63MO-150 -63432-157 -63432-157 -MR011 HISTORIC PRESERVATION: -63335-151 -63336-152 -63337-153 -6=8-154 -63339-155 COUNTY: -63160-126 -63170-127 -63180-128 -63190-129 -63200-130 -63210-131 -63220-132 -63230-133 -63240-149 -63450-146 -63235-148 REFERRAL FEES: -63360-143 00115 -63340-163 00123-63340-190 00125-63340-205 PLANNING OFFICE SALES: GM P/Conceptual GMPIFnal SUB/Conceptual SUB/Final All-2 Step Applications All 1 Step Applications Staff Approval Zoning Plan Check Sign Permit Use Tax for Sign Permits Exemption Minor Major revel. Sgnif. revel. Oemoiition GMP!Ganeral GMP!Cetailed GMP.'Fnal SU'B/Ganeral SUB/Cetailed SUB/Fnai All 2 Stop Applications All 1 Step Applications Staff Approval Board at Adjustment Zoning P!an Check Engineering - County Engineering - City Housing Environmental Health -63080-122 County Code -69000-145 Other (Copy Fees) ,.f / TOTAL 78 Name: 54 l%� hQ (1-Lk A_t,V Phone: _ Address: t 2 Project {ru_Q S z3�1� �. — .. Check # Date: I Z No of Copes: / i • Y. f .� •iv-. \...-�1: j �' �i�'.��:.. � �') Y: �. r:�\+S _�!7':,-yV-.T i l.•�� y' '- 3!._ . _ Vie•.. 7 '� . �s __,• , �s7� : �q• Hai:. .� .. :x: _.-s_•5-..-__ - fir.. T _ CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 12114494 PARCEL ID AND CASE NO. DATE COMPLETE: 2735-122-31-001&003 A97-94 STAFF MEMBER: LL PROJECT NAME: Aspen Meadows Lots 5 & 6 GMOS Extension Project Address: Lots 5 & 6, Aspen Meadows Legal Address: APPLICANT: Savanah Limited Partnershi Applicant Address: 444 Washington Blvd. Marina Del Rey, CA REPRESENTATIVE: Joe Wells & Ferd Belz Representative Address/Phone: 602 Midland Park Pl., Aspen 925-8080 & 925-4272 -------------------------------------------------------------- -------------------------------------------------------------- FEES: PLANNING $ 978 # APPS RECEIVED 3 ENGINEER $ # PLATS RECEIVED HOUSING $ ENV. HEALTH $ TOTAL $ 978 TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: X 2 STEP: P&Z Meeting,Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date rt�13��grj PUBLIC HEARING: -YES NO VESTED RIGHTS: AYES NO DRC Meeting Date ------------------- ------------------- REFERRALS: City Attorney City Engineer Housing Dir. Aspen Water City Electric Envir.Hlth. Zoning Parks Dept. Bldg Inspector Fire Marshal Holy Cross Mtn. Bell ACSD Energy Center School District Rocky Mtn NatGas CDOT Clean Air Board Open Space Board Other Other DATE REFERRED: INITIALS: DUE: ---------------------------------------------------------------- ---------------------------------------------------------------- FINAL ROUTING: DATE ROUTED: Z 7�U r INITIAL:. City Atty City Engineer Zoning Env. Health Housing Open Space Other: FILE STATUS AND LOCATION: MEMORANDUM TO: Mayor and City Council THRU: Bill Efting, Acting City Manager THRU: Stan Clauson�y Community Development Director FROM: Leslie Lamont, Deputy Planning Director DATE: March 13, 1995 RE: Savanah Limited Partnership - Extension of Residential Growth Management Quota System Allotments and Extension of Vested Rights at the Aspen Meadows: Second Reading of Ordinance 10, Series 1995 ------------------------------------------------------------------- ------------------------------------------------------------------- SUMMARY: The applicant, Savanah Limited Partnership, seeks to extend for an additional 6 months the growth management allocations received for 10 multi -family residential units which were granted approval for the 1990 GMP competition within the 1991 Aspen Meadows SPA Final Development Plan. These units received a similar 6 month extension from City Council in June of 1994. Also requested is extension of vested rights for 6 months to run concurrently with the GMQS extensions. Staff recommends approval of the applicant's requests based on the applicant's on -going efforts to resolve certain design/construction issues. First reading was held as a consent agenda item on February 13, 1995. PREVIOUS COUNCIL ACTION: The Aspen Meadows Final SPA Development Plan was approved by City Council on June 10, 1991. This approval included the GMP allocations for the residential units. A 6 month extension of GMQS allotments and vested rights for the 10 units was approved by Council via Ordinance 22 in June of 1994. BACKGROUND: The 1991 Aspen Meadows SPA Plan approved development elements on behalf of the MAA, Aspen Institute and Savanah Limited Partnership. Most of the development associated with the non- profits has been completed. Except for utility and roadway projects, the development associated with the residential portions of the Aspen Meadows has not been undertaken. The units in question are the 7 units on Lot 6 (the "tennis townhomes") and the 3 units on Lot 5 (the "trustee townhomes"). See application information, Exhibit "A". STAFF COMMENTS: Section 24-8-108 of the Municipal Code states that a development allotment and all other development approvals shall 1 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. The extension granted in June of 1994 expired on December 21, 1994. However, the applicant submitted the additional extension request prior to December 21. The Planning Office's policy is that vested rights or GMQS allotments are continued in an interim period as long as extension applications are tendered prior to the expiration of the allotment or vested rights. If an additional 6 month extension is granted through June 19, 1995, the project's building permits can be issued before this deadline and construction would begin after the completion of the Institute's summer programs in late summer. The application mentions that some issues arose in late fall of 1994 regarding the building permits for the units. Specifically, staff needed to work with Savannah to resolve the location of a drainage easement on the southern edge of the tennis townhome lot as well designs of retaining walls for the trustee townhomes and the potential impacts to the trail alignment below. Staff believes that these remaining items will be finalized within the next several weeks. Review Standards: An application for extension 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 exemptions have been complied with; and RESPONSE: The only condition of approval which was attainable prior to construction of the townhomes on Lots 5 and 6 was utility construction pertinent to the entire Meadows development. Staff has been tracking these projects and deems them to be complete as far as Lots 5 and 6 are concerned. The only outstanding work to be completed in the direct vicinity of the tennis townhomes is the planting of approximately 10 cottonwood trees in front of the parking garage. The application states that this will be accomplished after construction of the two remaining tennis courts. (B) Any improvements which were required to be installed by the applicant prior to construction of the project have been installed; and RESPONSE: This criterion is similar to the above criterion in regards to the unbuilt townhomes. The utility work for the Meadows parcels is complete and new Meadows Road is finished. (C) The project has been diligently pursued in all reasonable respects, and the extension is in the best interest of the community. RESPONSE: In addition to the applicants working on the drainage 2 easement and retaining wall issues, the application mentions that the Institute does not want to begin construction of the townhomes during the its 1995 summer program season. In the last extension application, it was noted that the Institute uses the existing trustee townhomes for the Institute's participants. Because of all these reasons, staff believes that it does no public harm to grant the 6 month extension for the townhome construction. At this point, staff should point out that the City is currently reviewing its land use regulations specific to building sizes and design characteristics. Included in the review are the definitions of Floor Area Ratio (FAR), height, and other development requirements such as setbacks and impacts to slopes. Such changes, however limited or broad in nature, may have a future effect on these townhomes after the expiration of the additional 6 month vesting period. Vested Rights: Chapter 24 of the Aspen Municipal Code does not provide specific review criteria for an extension of vested rights. Staff finds that there is no loss of public benefit from the requested 6 month extension of vested rights to run concurrent with a GMQS extension for the tennis townhomes and the trustee townhomes. RECOMMENDATION: Staff recommends approval of a 6 month extension for the 10 residential growth management allotments for the tennis townhomes and the trustee townhomes, as well as 6 month extensions of vested rights for these structures. PROPOSED MOTION: "I move to approve first reading of Ordinance 10, Series 1995 for a 6 month extension of residential GMP allocations for the 10 multi -family units on Lots 5 and 6 of the Aspen Meadows Subdivision and for a 6 month extension of vested rights for the same multi -family units". CITY MANAGER'S COMMENTS: Ordinance 10, 1995 EXHIBITS: A - Application Information 3 ORDINANCE 10 (SERIES OF 1995) 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, 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 approved Ordinance No.14, Series of 1991, which included residential GMQS allocations for the development of the Aspen Meadows Specially Planned Area Final Development Plan; and WHEREAS, Savanah Limited Partnership was a co -applicant for the Aspen Meadows SPA Final Development Plan and by virtue of Ordinance No. 14, Series of 1991, received approval to construct a total of 10 townhomes on two parcels, Lots 5 and 6; and WHEREAS, 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, Ordinance No. 14, Series of 1991 specified that the existing townhomes on Lot 5 could be expanded up to 2,500 square feet, the new northernmost townhome would receive a height variation for up to 8 feet, a minimum setback variation for accessory buildings for zero feet, and a waiver of minimum RMF zone district open space requirements, and waiver of the 6 month minimum 1 lease requirements; and WHEREAS, Ordinance No.14, Series of 1991 specified that the townhomes on Lot 6 would receive a height variation for up to three feet in the center of the building, a minimum setback variation for accessory buildings for zero feet, and a waiver of minimum RMF zone district open space requirements, and waiver of the 6 month minimum lease requirements; and WHEREAS, vested rights for a period of three years was included in the application submitted to the Planning Office by the Aspen Meadows co -applicants and was approved as part of the overall SPA Plan approval; and WHEREAS, on April 19, 1994, Savanah Limited Partnership requested six month extensions of the GMQS allocation and vested rights in order to commence construction of the ten approved townhomes on Lots 5 and 6 of the Aspen Meadows Subdivision, and to exempt from expiration the single family units on Lots 7 through 10 of the Aspen Meadows Subdivision; and WHEREAS, upon consideration of this request pursuant to Section 24-8-108, the City Council did approve Ordinance 22, Series of 1994, granting a six month extension of GMQS allocation and vested rights for the multi -family units on Lots 5 and 6, and an exemption from expiration of development rights for the single family homes on Lots 7 through 10; and WHEREAS, Savanah Limited Partnership had not commenced their projects vested by Ordinance No. 22, Series 1994 prior to the expiration of vested rights due to late discovery of issues PA regarding a drainage easement on Lot 6 and retaining walls and trail impacts on Lot 5 as well as the desire to not disrupt the Aspen Institute's facilities and programs or the rental of the existing townhomes for Institute participants by construction activities; and WHEREAS, on December 14, 1994, Savanah Limited Partnership submitted an application requesting an additional six month extension of the GMQS allocation and vested rights in order to resolve final construction details and commence construction of the ten approved townhomes on Lots 5 and 6 of the Aspen Meadows Subdivision; and WHEREAS, the Planning Office, having reviewed the application recommends approval of an additional six month extension of the GMQS allotments and vested rights for the townhomes; and WHEREAS, the Aspen City Council having considered the Planning Office's recommendation for the additional residential GMQS and vested rights extension does wish to grant the requested extension for six months beyond the approvals granted in Ordinance No. 14, Series of 1991 and Ordinance No.22, Series of 1994, for the multi- family lots at the Aspen Meadows Specially Planned Area development; and WHEREAS, Section 24-6-207 of the Aspen Municipal Code was adopted to provide the necessary procedures to implement the provisions of Article 68 of Title 24, C.R.S., as amended and Section 24-68-104,(l), C.R.S., permits the vesting period to be extended upon the express authorization of City Council. 3 • 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 an additional six month extension of the 1990 residential GMQS allocations approved by Ordinance No.14, Series of 1991 and Ordinance No. 22, Series of 1994, for 10 multi -family units on Lots 5 and 6 of the Aspen Meadows Subdivision beginning December 21, 1994, and ending June 19, 1995. Section 2: 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 3: 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. Section 4: That it does hereby extend Vested Rights for Savanah Limited Partnership granted by the site specific development plans approved for the Aspen Meadows SPA Final Development Plan, established by Ordinance No. 14, Series of 1991, and extended by Ordinance No. 22, Series of 1994, for a period of six (6) months from December 21, 1994 through June 19, 1995. However, any failure to abide by any of the terms and conditions attendant to the 4 approvals shall result in the forfeiture of said vested property rights. Failure to properly record all plats and agreements required to be recorded by the Land Use Code shall also result in the forfeiture of said vested property rights. Section 5: The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the applicant shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 6: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 7: A public hearing on the Ordinance shall be held on the 113 day ofA, 1995 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 D , 1995. John B nnett, Mayor ATTEST: 5 E .' �� a � /V/ � - Kathryn S. och, City Clerk FINALLY, adopted, passed and approved this 3 day of 1995. John Bwennett, Mayor ATT ST: Kathryn S. och, City Clerk cieCouacil $zbibit___6__ Appsnved , 19 _. By Ordinance Request for Extension from GMQS Expiration Deadlines for the Aspen Meadows Multi -Family Projects This application is submitted on behalf of Savanah Limited Partnership, owner of Lots 5 and 6, Aspen Meadows Specially Planned Area. Savanah requests an additional extension of six months in the three year expiration of the growth management allocations for the three multi -family units approved by the City on Lot 5 (the Trustee Houses) and for the seven multi -family units approved on Lot 6 (the Tennis Townhomes) as well as an extension of the vested rights granted by the City for the projects approved for these lots. A. Background: In March of this year, Savanah submitted building permit applications for the two multi -family projects in anticipation of obtaining building permits to begin construction of these two projects by the original deadline in June, 1994. However, because of the scheduling reasons discussed below, 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 Houses 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 (see Ordinance 22/94, attached). The intent in requesting an extension was to allow Savanah to minimize the disruption on the summer programs of the non-profit organizations by undertaking the most disruptive stages of construction during the fall off-season and to maintain the availability of the seven existing trustee houses as rental units for the use of the participants of the non-profit programs during the 1994 and 1995 summer seasons. Starting the two projects at separate times would also ease the problems of construction staging in the relatively constrained area remaining at the Meadows. In the original extension request, Savanah acknowledged an interest in seeking further extensions for the Trustee Houses to accomplish the staggered construction of the two projects. Subsequent to the granting of the extension, some unforeseen 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 of this 1 year, to seek two administrative amendments to the prior SPA approval. A number of discussions have taken place regarding these amendments and a site visit occurred with City staff and Savanah's representative on December 1, 1994. As yet, no action has been taken on the administrative amendments but a resolution appears to be possible in the near future. Despite the fact that actual construction of the new residential units and renovation and expansion of the existing residential units has not begun, Savanah has nonetheless expended well over one million dollars in road construction, installation of utilities and landscaping in anticipation of the residential building program. Savanah has been diligent in their efforts to obtain the building permits for these two residential projects. Savanah has also been working closely with the Institute to try to develop a co - development scenario along with a third party which might better serve the long- term needs of the Institute for additional housing. In fact, two contracts to develop the residential projects have been entered into during the previous six-month period but were terminated prior to closing. These two negotiations covered a period of over three months and significantly delayed progress toward construction. However, Savanah is continuing to work with the Institute in this regard; we continue to believe that development activities must be carefully coordinated to avoid disrupting the cultural and academic programs at the Meadows. Under the provisions of Sec. 8-108(A)(2), development allotments and all other development approvals are deemed to expire on the day after the third anniversary of the project's final development approval, unless a building permit is obtained and the project is developed, or unless an extension of the approval is obtained. The approvals, having once been extended, are now scheduled to expire on December 21, 1994.1 1 Sec. 6-207(c) of the Code provides that in those matters in which the Council has final approval, that approval shall be by ordinance. A site specific development plan shall be deemed approved on the "effective date" of the approving ordinance. The effective date of Ordinance 14/1991, under which the City granted Final SPA Development Plan approval to the Aspen Meadows, was five business days after the date of publication of the ordinance following its approval on June 10; in other words, the effective date of the ordinance was June 20, 1991. Therefore, the GMQS allocations and vested rights for the two multi -family residential projects in the Aspen Meadows SPA were originally due to expire on June 21,1994. Under Ordinance 22/94, City Council granted an extension for six months, so the approvals are now due to expire on December 21,1994. N The City and other parties to the Agreement were quite sensitive to the timing of construction at the Meadows because of its potential impacts on the programs of the non-profit organizations. Section I(A) of the SPA Agreement, Construction Schedules - General, includes language in support of the notion of minimizing disruptions to the non-profit organization's summer programs during the five stages of construction activity then anticipated: 'T It is anticipated that the Institute renovation and new construction, including the seven lodge buildings, administration building, health club and pool, parking structure and attendant site work will be undertaken in at least three distinct phases with the major components of each phase beginning in the Fall and ending the following Summer..... 5. The schedule for completion of the City trail and bridge installation from the old Meadows Road to picnic point and across to the Rio Grande trail and from behind the auditorium accessing the Roaring Fork Road side of the campus will be established by the City but will be coordinated with the affected Consortium members. Disruptive construction activity will be scheduled so as not to interfere with campus programs or activities......." The City and Consortium members also acknowledged in the same section of the Agreement that exact construction schedules for the entire project could not be agreed to, due primarily to two factors: "(a) Construction scheduling depends on the success of fund raising efforts by the nonprofit members of the Consortium. (b) Construction will take longer than a normal development because summer programming and activities on the Property will require curtailment of construction activity during summer months." If Savanah is unable to obtain from the City a further extension in the time to obtain the building permits for these two projects (for which application was made last spring), it will be necessary for Savanah to obtain the building permits when they become available. Given current weather conditions, commencement of construction would likely then be delayed, but only as allowed under the building code; construction would likely have to be undertaken no later than spring, 1995. Once construction begins, it necessarily needs to continue until the projects are completed. This would mean that some of the most disruptive construction 3 activities would occur during the summer, when the non-profit organizations' programs at the Meadows are underway; this is a prospect favored by no one. Savanah is therefore requesting 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 the 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)(2), multi -family developments shall be eligible for extension of the GMQS expiration provisions. To obtain an extension, an application for extension shall be submitted prior to the approval deadline which shall demonstrate to the satisfaction of City Council that the following three conditions in bold have been met: (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 Savanah's 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)]. As documented in the prior extension request, all of the improvements which were required to be installed under the SPA Agreement had been completed prior to the initial extension request with the exception of the installation of approximately ten cottonwood street trees to be planted along Meadows Road and some additional cleanouts that the City has requested be added to the irrigation system. The cottonwoods are now scheduled to be planted following completion of the two tennis courts approved to be built to the south of the parking facility. The cleanouts were installed last spring. (c) The project has been diligently pursued in all reasonable respects, and the extension is in the best interests of the community [Sec. 8- 108(A)(2)(c)]. 4 The Consortium members have diligently pursued completion of the Project while working within the constraints of the fund-raising efforts of the non- profit organizations and the interruptions in construction during a large majority of the summer building season which were previously agreed to; these were recognized concerns spelled out by the Parties to the SPA Agreement. The project infrastructure is in place and most of the new and renovated facilities are now complete. Savanah has diligently pursued building permits for the two projects which are the subject of this request and are continuing to work with City staff to resolve unforeseen zoning issues. Savanah believes that the additional extension is clearly in the best interests of the community in order to continue to avoid disrupting the programs of the non-profit organizations during the summer season. Savanah is requesting an extension of the GMQS expiration provisions for the allocations granted to the ten townhouse units (three units on Lot 5 and seven units on Lot 6) as well as vested rights for the two projects for a period not to exceed six months. Additional extensions which Savanah presently anticipates will be requested for the Trustee Townhomes, as discussed above, will require repetition of the extension procedures. 5 vil TO: THRU: �� �-- Manager W THRU: Stan Clauson, City Community Development Director FROM: Kim Johnson, Planner _ �%LA DATE: February 13, 1995 RE: Savanah Limited Partnership - Extension c? Residential Growth Management Quota System Allotments and Extension of Vested Rights at the Aspen Meadows: First Reading of Ordinance , Series 1995 (Consent Agenda) MEMORANDUM Mayor and City Council Bill Efting, Assistant City ------------------ SUMMARY: The applicant, Savanah Limited Partnership, seeks to extend for an additional 6 months the growth management allocations received for 10 multi -family residential units which were granted approval for the 1990 GMP competition within the 1991 Aspen Meadows SPA Final Development Plan. These units received a similar 6 month extension from City Council in June of 1994. Also requested is extension of vested rights for 6 months to run concurrently with the GMQS extensions. Staff recommends approval of the applicant's requests based on the applicant's on -going efforts to resolve certain design/construction issues. PREVIOUS COUNCIL ACTION: The Aspen Meadows Final SPA Development Plan was approved by City Council on June 10, 1991. This approval included the GMP allocations for the residential units. A 6 month extension of GMQS allotments and vested rights for the 10 units was approved by Council via Ordinance 22 in June of 1994. BACKGROUND: The 1991 Aspen Meadows SPA Plan ap oved development elements on behalf of the MAA, Aspen Institu eta Savanah Limited Partnership. Most of the development asso ed with the non- profits has been completed. Except for utility and roadway projects, the development associated with the residential portions of the Aspen Meadows has not been undertaken. The units in question are townhomes") and the 3 units See application information, the 7 units on Lot 6 (the "tennis on Lot 5 (the "trustee townhomes") Exhibit "A". STAFF COMMENTS: Section 24-8-108 of the 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 1 of project approval, unless a building permit is obtained and the project is developed. The extension granted in June of 1994 expired on December 21, 1994. However, the applicant submitted the additional extension request prior to December 21. The Planning Office's policy is that vested rights or GMQS allotments are continued in an interim period as long as extension applications are tendered prior to the expiration of the allotment or vested rights. If an additional 6 month extension is granted through June 19, 1995, the project's building permits can be issued before this deadline and construction would begin after the completion of the Institute's summer programs in late summer. The application mentions that some issues arose in late fall of 1994 regarding the building permits for the units. Specifically, staff needed to work with Savannah to resolve the location of a drainage easement on the southern edge of the tennis townhome lot as well designs of retaining walls for the trustee townhomes and the potential impacts to the trail alignment below. Staff believes that these remaining items will be finalized within the next several weeks. Review Standards: An application for extension 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 exemptions have been complied with; and RESPONSE: The only condition of approval which was attainable prior to construction of the townhomes on Lots 5 and 6 was utility construction pertinent to the entire Meadows development. Staff has been tracking these projects and deems them to be complete as far as Lots 5 and 6 are concerned. The only outstanding work to be completed in the direct vicinity of the tennis townhomes is the planting of approximately 10 cottonwood trees in front of the parking garage. The application states that this will be accomplished after construction of the two remaining tennis courts. (B) Any improvements which were required to be installed by the applicant prior to construction of the project have been installed; and RESPONSE: This criteril�/is similar to the above criteric/ n regards to the unbuilt townhomes. The utility work for the Meadows parcels is complete and new Meadows Road is finished. (C) The project has been diligently pursued in all reasonable respects, and the extension is in the best interest of the community. RESPONSE: In addition to the applicants working on the drainage easement and retaining wall issues, the application mentions that 2 the Institute does not want to begin construction of the townhomes during the its 1995 summer program season. In the last extension application, it was noted that the Institute uses the existing trustee townhomes for the Institute's participants. Because of these reasons, staff believes that it does no public harm to gran the 6 month extension for the townhome construction. At this point, staff should point out that the City is currently reviewing its land use regulations specific to building sizes and design characteristics. Included in the review are the definitions of Floor Area Ratio (FAR), height, and other development requirements such as setbacks and impacts to slopes. Such changes, however limited or broad in nature, may have a future effect on these townhomes after the expiration of the additional 6 month vesting period. Vested Rights: Chapter 24 of the Aspen Municipal Code does not provide specific review criteria for an extension of vested rights. Staff finds that there is no loss of public benefit from the requested 6 month extension of vested rights to run concurrent with a GMQS extension for the tennis townhomes and the trustee townhomes. RECOMMENDATION: Staff recommends approval of a 6 month extension for the 10 residential growth management allotments for the tennis townhomes and the trustee townhomes, as well as 6 month extensions of vested rights for these structures. PROPOSED MOTION: "I move to approve first reading of Ordinance , Series 1995 for a 6 month extension of residential GMP allocations for the 10 multi -family units on Lots 5 and 6 of the Aspen Meadows Subdivision and for a 6 month extension of vested rights for the same multi -family units". CITY MANAGER'S COMMENTS: Ordinance , 1995 EXHIBITS: A - Application Information C ORDINANCE (SERIES OF 1995) 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, FOR THREE TOWNHOMES ON LOT 5 AND SEVEN TOWNHOMES ON LOT 6 OF THE ASPEN MEADOWS SUBDIVISION, CITY OF ASPEN, PITRIN 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 approved Ordinance No.14, Series of 1991, which included residential GMQS allocations for the development of the Aspen Meadows Specially Planned Area Final Development Plan; and WHEREAS, Savanah Limited Partnership was a co -applicant for the Aspen Meadows SPA Final Development Plan and by virtue of Ordinance No. 14, Series of 1991, received approval to construct a total of 10 townhomes on two parcels, Lots 5 and 6; and WHEREAS, 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, Ordinance No. 14, Series of 1991 specified that the existing townhomes on Lot 5 could be expanded up to 2,500 square feet, the new northernmost townhome would receive a height variation for up to 8 feet, a minimum setback variation for accessory buildings for zero feet, and a waiver of minimum RMF zone district open space requirements, and waiver of the 6 month minimum 1 lease requirements; and WHEREAS, Ordinance No.14, Series of 1991 specified that the townhomes on Lot 6 would receive a height variation for up to three feet in the center of the building, a minimum setback variation for accessory buildings for zero feet, and a waiver of minimum RMF zone district open space requirements, and waiver of the 6 month minimum lease requirements; and WHEREAS, vested rights for a period of three years was included in the application submitted to the Planning Office by the Aspen Meadows co -applicants and was approved as part of the overall SPA Plan approval; and WHEREAS, on April 19, 1994, Savanah Limited Partnership requested six month extensions of the GMQS allocation and vested rights in order to commence construction of the ten approved townhomes on Lots 5 and 6 of the Aspen Meadows Subdivision, and to exempt from expiration the single family units on Lots 7 through 10 of the Aspen Meadows Subdivision; and WHEREAS, upon consideration of this request pursuant to Section 24-8-108, the City Council did approve Ordinance 22, Series of 1994, granting a six month extension of GMQS allocation and vested rights for the multi -family units on Lots 5 and 6, and an exemption from expiration of development rights for the single family homes on Lots 7 through 10; and WHEREAS, Savanah Limited Partnership had not commenced their projects vested by Ordinance No. 22, Series 1994 prior to the expiration of vested rights due to late discovery of issues F. regarding a drainage easement on Lot 6 and retaining walls and trail impacts on Lot 5 as well as the desire to not disrupt the Aspen Institute's facilities and programs or the rental of the existing townhomes for Institute participants by construction activities; and WHEREAS, on December 14, 1994, Savanah Limited Partnership submitted an application requesting an additional six month extension of the GMQS allocation and vested rights in order to resolve final construction details and commence construction of the ten approved townhomes on Lots 5 and 6 of the Aspen Meadows Subdivision; and WHEREAS, the Planning Office, having reviewed the application recommends approval of an additional six month extension of the GMQS allotments and vested rights for the townhomes; and WHEREAS, the Aspen City Council having considered the Planning Office's recommendation for the additional residential GMQS and vested rights extension does wish to grant the requested extension for six months beyond the approvals granted in Ordinance No. 14, Series of 1991 and Ordinance No.22, Series of 1994, for the multi- family lots at the Aspen Meadows Specially Planned Area development; and WHEREAS, Section 24-6-207 of the Aspen Municipal Code was adopted to provide the necessary procedures to implement the provisions of Article 68 of Title 24, C.R.S., as amended and Section 24-68-104 (1), C.R.S., permits the vesting period to be extended upon the express authorization of City Council. 3 • • 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 an additional six month extension of the 1990 residential GMQS allocations approved by Ordinance No.14, Series of 1991 and Ordinance No. 22, Series of 1994, for 10 multi -family units on Lots 5 and 6 of the Aspen Meadows Subdivision beginning December 21, 1994, and ending June 19, 1995. Section 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of com t jurisdiction, such provision and such holding shall not affec 'the validity of the remaining portions thereof. Section 3: This Ordinance shall no effec any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: That it does hereby extend Vested Rights for Savanah Limited Partnership granted by the site specific development plans approved for the Aspen Meadows SPA Final Development Plan, established by Ordinance No. 14, Series of 1991, and extended by Ordinance No. 22, Series of 1994, for a period of six (6) months from December 21, 1994 through June 19, 1995. However, any failure to abide by any of the terms and conditions attendant to the 4 approvals shall result in the forfeiture of said vested property rights. Failure to properly record all plats and agreements required to be recorded by the Land Use Code shall also result in the forfeiture of said vested property rights. Section 5: The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the applicant shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 6: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 7: A public hearing on the Ordinance shall be held on the day of , 1995 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 . 1995. ATTEST: John Bennett, Mayor 5 Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of , 1995. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk Joseph Wells Joseph wells. AICP Lnd Planning and Design December 13, 1994 Mr. Stan Clauson Director of Community Development, City of Aspen 130 S. Galena Street Aspen, CO 81611 Dear Mr. Clauson: I am writing to you on behalf of Savanah Limited Partnership, owner of Lots 5 and 6, Aspen Meadows Specially Planned Area. Savanah is requesting review and approval by the City Council of the attached extension request for the residential Growth Management Quota System approvals granted for these lots under Ordinance 14, Series of 1991. Please contact Ferdinand Belz at 925-4272 or me if you have any questions or need additional information. Sincerely yours, Joseph Wells, AICP 602 ,Midland Park Place Aspen, Colorado 81611 Telephone (303) 925-8080 Facsimile (303) 925-82-5 • • Request for Extension from GMQS Expiration Deadlines for the Aspen Meadows Multi -Family Projects This application is submitted on behalf of Savanah Limited Partnership, owner of Lots 5 and 6, Aspen Meadows Specially Planned Area. Savanah requests an additional extension of six months in the three year expiration of the growth management allocations for the three multi -family units approved by the City on Lot 5 (the Trustee Houses) and for the seven multi -family units approved on Lot 6 (the Tennis Townhomes) as well as an extension of the vested rights granted by the City for the projects approved for these lots. A. Background: In March of this year, Savanah submitted building permit applications for the two multi -family projects in anticipation of obtaining building permits to begin construction of these two projects by the original deadline in June, 1994. However, because of the scheduling reasons discussed below, 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 Houses 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 (see Ordinance 22/94, attached). The intent in requesting an extension was to allow Savanah to minimize the disruption on the summer programs of the non-profit organizations by undertaking the most disruptive stages of construction during the fall off-season and to maintain the availability of the seven existing trustee houses as rental units for the use of the participants of the non-profit programs during the 1994 and 1995 summer seasons. Starting the two projects at separate times would also ease the problems of construction staging in the relatively constrained area remaining at the Meadows. In the original extension request, Savanah acknowledged an interest in seeking further extensions for the Trustee Houses to accomplish the staggered construction of the two projects. L Subsequent to the granting of the extension, some unforeseen issues arose with regard to these two projects as a result of City zoning staff review of the pending rc building permit applications. These issues prompted Savanah, in October of this 1 Ltf year, to seek two administrative amendments to the prior SPA approval. A number of discussions have taken place regarding these amendments and a site visit occurred with City staff and Savanah's representative on December 1, 1994. As yet, no action has been taken on the administrative amendments but a resolution appears to be possible in the near future. Despite the fact that actual construction of the new residential units and renovation and expansion of the existing residential units has not begun, Savanah has nonetheless expended well over one million dollars in road construction, installation of utilities and landscaping in anticipation of the residential building program. Savanah has been diligent in their efforts to obtain the building permits for these two residential projects. Savanah has also been working closely with the Institute to try to develop a co - development scenario along with a third party which might better serve the long- term needs of the Institute for additional housing. In fact, two contracts to develop the residential projects have been entered into during the previous six-month period but were terminated prior to closing. These two negotiations covered a period of over three months and significantly delayed progress toward construction. However, Savanah is continuing to work with the Institute in this regard; we continue to believe that development activities must be carefully coordinated to avoid disrupting the cultural and academic programs at the Meadows. Under the provisions of Sec. 8-108(A)(2), development allotments and all other development approvals are deemed to expire on the day after the third anniversary of the project's final development approval, unless a building permit is obtained and the project is developed, or unless an extension of the approval is obtained. The approvals, having once been extended, are now scheduled to expire on December 21, 1994.1 1 Sec. 6-207(c) of the Code provides that in those matters in which the Council has final approval, that approval shall be by ordinance. A site specific development plan shall be deemed approved on the "effective date" of the approving ordinance. The effective date of Ordinance 14/1991, under which the City granted Final SPA Development Plan approval to the Aspen Meadows, was five business days after the date of publication of the ordinance following its approval on June 10; in other words, the effective date of the ordinance was June 20,1991. Therefore, the GMQS allocations and vested rights for the two multi -family residential projects in the Aspen Meadows SPA were originally due to expire on June 21, 1994. Under Ordinance 22/94, City Council granted an extension for six months, so the approvals are now due to expire on December 21, 1994. 2 The City and other parties to the Agreement were quite sensitive to the timing of construction at the Meadows because of its potential impacts on the programs of the non-profit organizations. Section I(A) of the SPA Agreement, Construction Schedules - General, includes language in support of the notion of minimizing disruptions to the non-profit organization's summer programs during the five stages of construction activity then anticipated: "l. It is anticipated that the Institute renovation and new construction, including the seven lodge buildings, administration building, health club and pool, parking structure and attendant site work will be undertaken in at least three distinct phases with the major components of each phase beginning in the Fall and ending the following Summer..... 5. The schedule for completion of the City trail and bridge installation from the old Meadows Road to picnic point and across to the Rio Grande trail and from behind the auditorium accessing the Roaring Fork Road side of the campus will be established by the City but will be coordinated with the affected Consortium members. Disruptive construction activity will be scheduled so as not to interfere with campus programs or activities......." The City and Consortium members also acknowledged in the same section of the Agreement that exact construction schedules for the entire project could not be agreed to, due primarily to two factors: "(a) Construction scheduling depends on the success of fund raising efforts by the nonprofit members of the Consortium. (b) Construction will take longer than a normal development because summer programming and activities on the Property will require curtailment of construction activity during summer months." If Savanah is unable to obtain from the City a further extension in the time to obtain the building permits for these two projects (for which application was made last spring), it will be necessary for Savanah to obtain the building permits when they become available. Given current weather conditions, commencement of construction would likely then be delayed, but only as allowed under the building code; construction would likely have to be undertaken no later than spring, 1995. Once construction begins, it necessarily needs to continue until the projects are completed. This would mean that some of the most disruptive construction 3 • • activities would occur during the summer, when the non-profit organizations' programs at the Meadows are underway; this is a prospect favored by no one. Savanah is therefore requesting 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 the 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)(2), multi -family developments shall be eligible for extension of the GMQS expiration provisions. To obtain an extension, an application for extension shall be submitted prior to the approval deadline which shall demonstrate to the satisfaction of City Council that the following three conditions in bold have been met: (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 Savanah's 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)]. As documented in the prior extension request, all of the improvements which were required to be installed under the SPA Agreement had been completed prior to the initial extension request with the exception of the installation of approximately ten cottonwood street trees to be planted along Meadows Road and some additional cleanouts that the City has requested be added to the irrigation system. The cottonwoods are now scheduled to be planted following completion of the two tennis courts approved to be built to the south of the parking facility. The cleanouts were installed last spring. (c) The project has been diligently pursued in all reasonable respects, and the extension is in the best interests of the community [Sec. 8- 108(A)(2)(c)]. 4 The Consortium members have diligently pursued completion of the Project while working within the constraints of the fund-raising efforts of the non- profit organizations and the interruptions in construction during a large majority of the summer building season which were previously agreed to; these were recognized concerns spelled out by the Parties to the SPA Agreement. The project infrastructure is in place and most of the new and renovated facilities are now complete. Savanah has diligently pursued building permits for the two projects which are the subject of this request and are continuing to work with City staff to resolve unforeseen zoning issues. Savanah believes that the additional extension is clearly in the best interests of the community in order to continue to avoid disrupting the programs of the non-profit organizations during the summer season. Savanah is requesting an extension of the GMQS expiration provisions for the allocations granted to the ten townhouse units (three units on Lot 5 and seven units on Lot 6) as well as vested rights for the two projects for a period not to exceed six months. Additional extensions which Savanah presently anticipates will be requested for the Trustee Townhomes, as discussed above, will require repetition of the extension procedures. 5 ORDINANCE 22 (SERIES OF 1994) 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 FOR THREE TOWNHOMES ON LOT 5 AND SEVEN TOWNHOMES ON LOT 6 OF THE ASPEN MEADOWS SUBDIVISION, AND FOR EXEMPTION FROM EXPIRATION OF THE GMQS ALLOTMENTS FOR THE SINGLE FAMILY LOTS 7,8,9 AND 10 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 may grant exemption from expiration of GMQS allocations for subdivisions of detached residential or duplex units; and WHEREAS, on June 10, 1991, City Council approved Ordinance No.14, Series of 1991, which included residential GMQS allocations for the development of the Aspen Meadows Specially Planned Area Final Development Plan; and WHEREAS, Savanah Limited Partnership was a co -applicant for the Aspen Meadows SPA Final Development Plan and by virtue of Ordinance No.14, Series of 1991, received approval to construct a total of 10 townhomes on two parcels, Lots 5 and 6; and WHEREAS, 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, Savanah Limited Partnership has requested six month extensions of the GMQS allocation and vested rights in order to i commence construction of the ten approved townhomes on Lots 5 and 6 of the Aspen Meadows Subdivision, and to exempt from expiration the single family units on Lots 7 through 10 of the Aspen Meadows • • r Subdivision; and \ WHEREAS, the Planning Office, having reviewed the application recommends approval of a six month extension of the GMQS allotments and vested rights for the townhomes and for the exemption from expiration for the four single family lots; and WHEREAS, the Aspen City Council having considered the Planning office's recommendation for the residential GMQS and vested rights extension and exemption from expiration does wish to grant the requested extension for six months beyond the approvals granted in Ordinance No.14, Series of 1991, for the multi -family residences as well as the requested exemption from expiration for the single family lots at the Aspen Meadows Specially Planned Area development. CWHEREAS, Ordinance No. 14, Series of 1991 specified that the existing townhomes on Lot 5 could be expanded up to 2,500 square feet, the new northernmost townhome would receive a height variation for up to 8 feet, a minimum setback variation for accessory buildings for zero feet, and a waiver of minimum RMF zone district open space requirements, and waiver of the 6 month minimum lease requirements; and WHEREAS, Ordinance No.14, Series of 1991 specified that the townhomes on Lot 6 would receive a height variation for up to three feet in the center of the building, a minimum setback variation for accessory buildings for zero feet, and a waiver of minimum RMF zone district open space requirements, and waiver of the 6 mor),th minimum lease requirements; and 2 WHEREAS, vested rights for a period of three years was included in the application submitted to the Planning Office by the Aspen Meadows co -applicants and was approved as part of the overall SPA Plan approval; and WHEREAS, Savanah Limited Partnership had not commenced their projects approved by Ordinance No. 14 prior to the expiration of vested rights due to the desire to not disrupt the Aspen Institute's facilities and programs or the rental of the existing townhomes for Institute participants by construction activities, and the need to maintain required parking and construction staging for the Institute's lodge buildings and parking garage; and WHEREAS, Section 24-6-207 of the Aspen Municipal Code was adopted to provide the necessary procedures to implement the Cprovisions of Article 68 of Title 24, C.R.S., as amended and Section 24-68-104 (1), C.R.S., permits the vesting period to be extended upon the express authorization of City Council. 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 a six month extension of the 1990 residential GMQS allocations approved by Ordinance No.14, Series of 1991, for 10 multi -family units on Lots 5 and 6 of the Aspen Meadows Subdivision beginning June 21, 1994, and ending December 21, 1994, and does grant exemption from expiration of the GMQS allocations approved by Ordinance No.14, Series of 1991, for the single family units on Lots 7,8,9 and 10 of the Aspen 3 Meadows Subdivision. Section 2: 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 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: That it does hereby extend Vested Rights for Savanah Limited Partnership granted by the site specific development plans approved for the Aspen Meadows SPA Final Development Plan, established by Ordinance No.14, Series of 1991, for a period of six (6) months from June 21, 1994. However, any failure to abide by any of the terms and conditions attendant to the approvals shall result in the forfeiture of said vested property rights. Failure to properly record all plats and agreements required to be recorded by the Land Use Code shall also result in the forfeiture of said vested property rights. Section 5: The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In 4 this regard, as a condition of this site development approval, the applicant shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 6: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 7: A public hearing on the Ordinance shall be held on the 1 day of 1994 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 CCity Council of the City of Aspen on the o23 day of 1994. LJ� John/Bennett, Mayor ATTEST: Kathryn S. och, City Clerk FINALLY, adopted, passed and approved this 13 day of 1994. a4l John 43ennett, Mayor ATT P ST : Kathryn Koch, City Clerk 61 • SAVANAH LIMITED PARTNERSIaP 444 Washington Blvd. Marina del Rey, California 90292 (310) 821-y75yy MOM (310) 821-7188 Fax December 13, 1994 l�lr. Stan Clauson Director of Community �: velopment, City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Dear Mr. Clauson: a w.. .•.-fin ���--' ._ ^--'--' ---- "——'....�_........-...+ ..i .� _... �.. ��....... L'y JvJGpn wouo iau.aa rl�,...l,.ty ti.r •.. ��..:.t.r.t �..m..�a.. roauoctc for tl,o rPC1riPTfiAI UI V W Lll under Qidillancc 14, Scricn of 1991. During the processing of this application, Savannah Will be represented by Ferdinand Belz and Joseph Wells. Please contact Ferd at 925-4272 or Joe at 925-8080 if you have any questions or need additional information. Sincerely yours, Presiaent Aspen Enterprises International, its Managing General Partner ORB: yni Enclosures cc: Ferdinand Belz III Joseph Wells VSMMLEGAL\PAUi\WP\oRB\CLAUSON.D 13 200; COOin 'La CIHI3.hT\ Z290 M OTC TFd LZ:fT t6; CT; ZT JRN-13-' 00 FR I 22: 15 11) TEL NO: ##02'7 P03 ASPEA:dNTITKIN PLANNING OFFICE Um ment for Payment of City or epg CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: / I. APPLICANT has submitted to CITY -,"an application for �.��rss. o�•�i���s�C'.� f'�Q.�'/t�Gc�z� � ��d.��l,�f� (hereinafter, THE PROTECT). 2- APPLICANT understands and agrees that City of Aspen Ordinance No. 77 (Series of 1992) establishes a fee structure for Planning Office applications and the payment of all processing fees is a condition precedent to a determination Of spplication completeness. 3. APPLICANT and CITY agree that beCauSe of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs, involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter ermit additional costs to be billed to APPLICANT on a monthly basis. APPLl CANT agrees he will be benefited by retaining greater cash liquidity and will make additional ,payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application: 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project approval, unless current billings are paid in full prior to decision, -- S00- tOU� L�3 Q73I3.t�3S Z290 922 OTC IVI 1Z:fT fib- CT- ZT JAN-13-100 FRI 22:16 ID: • TEL N0: • Q27 PO4 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay as initial deposit in the amount of $LW which is for = hours of Planning Office time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the C= for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN City Planning Direaur Marina del Rey, CA 90292 Date: 1 l Blvd. c00; cep in '1�3 Ql3I3.»3ti ZS90 9SS OTV XVJ SZ : TT fib; CT ZT Joseph Wells Joseph Wells, AICP Land Planning and Design December 13, 1994 Mr. Stan Clauson Director of Community Development, City of Aspen 130 S. Galena Street Aspen, CO 81611 Dear Mr. Clauson: I am writing to you on behalf of Savanah Limited Partnership, owner of Lots 5 and 6, Aspen Meadows Specially Planned Area. Savanah is requesting review and approval by the City Council of the attached extension request for the residential Growth Management Quota System approvals granted for these lots under Ordinance 14, Series of 1991. Please contact Ferdinand Belz at 925-4272 or me if you have any questions or need additional information. Sincerely yours, t - C'_.. ., % ,-:. C Joseph Wells, AICP 602 Midland Part: Place Aspen. Colorado 81611 Telephone (303) 925-M Facsimile (303) 925-8275 JRN-13-100 FRI 22:15 ID: TEL NO: #027 P03 ASPEN/PITKIN PLANNING OFFICE CITY OF ASPEN (hereinafter CITY) and 5P-��,34 (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to CITY; an application for �•��css, a�i�r�C��x.G c��Qs� f�u�tox� � �+��!{r (hereinafter, THE PROJECT), 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 77 (Series of 1992) establishes a fee structure for Planning Office applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs- involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefitedby retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are mcurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Placning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project approval, unless current billings are paid in full prior to decision. 200 fi00 L\3 QI3I3S13\ Z290 922 OTC TF3 LZ:tT f6,'CT,'ZT • JAN-13-100 FRI 22:16 ID: TEL NO: • t1027 PO4 _ 5. Therefore, APPLICANT agrees that in consideration of the CTX's waiver of its right to collect full fees prior to a determination of application completeness APPLICANT shall pay an initial deposit in the amount of S220.1 which is for = hours of Planning Office time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANTi' further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN B- City Planning MrWar 2 Marina del Rey, CA 90292 Date: t l Blvd. coo; coo In '1\3 QZ3I3.113N ZS90 92S OTC Zf3 8Z:fT fi8'CT, ZT • I-] SAVANAH LIMITED PARTNERSHIP 444 Washington Blvd. Marina del Rey, California 90292 (310) 821-9899 Phone (310) 821-7188 Fax December 13, 1994 Mr. Stan Clauson Director of Community Development, City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Dear Mr. Clauson: I am writing you on behalf of Savanah Limited Partnership, owner of the Lots 5 and 6, Aspen Meadows Specially Planned Area. Savanah has authorized the preparation by Joseph Wells Land Planning of the attached extension requests for the residential Growth Management Quota System approvals and vested rights granted for these lots under Ordinance 14, Series of 1991. During the processing of this application, Savanah will be represented by Ferdinand Belz and Joseph Wells. Please contact Ferd at 925-4272 or Joe at 925-8080 if you have any questions or need additional information. Sincerely yours, r iwiucu� Aspen Enterprises International, its Managing General Partner ORB:yni Enclosures cc: Ferdinand Belz III Joseph Wells USERS\LEGAL\PAUL\WP\ORB\CLAUSON.D 13