HomeMy WebLinkAboutcoa.lu.gm.Lot 5-10AspenMeadows.A27-94
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 04f19/94
DATE COMPLETE: Z; 'V
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PARCEL ID AND CASE NO.
2735-122-31-001 A27-94
STAFF MEMBER: ~ 1L1"
Reauest for Extension and Exemetion of
PROJECT NAME: Aseen Meadows
GMOS Aeerovals
project Address:
Legal Address:
Aseen Meadows - Lot 5 thru 10
APPLICANT: Savanah Limited Partnershie
Applicant Address: 515 South Galena
REPRESENTATIVE: Joe Wells
Representative Address/Phone: 602 Midland Park Place
Aseen. CO 81611 925-8080
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FEES: PLANNING $ 978 # APPS RECEIVED 3
ENGINEER $ # PLATS RECEIVED 3
HOUSING $
ENV. HEALTH $
TOTAL $ 978
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: ..A- 2 STEP:
P&Z Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
CC Meeting Date I sf' r:;/1-7 PUBLIC HEARING: YES -IP
ZrJf>- fG(1..'7 VESTED RIGHTS: YES NO
DRC Meeting Date
;;;~;7==No~{==============================================
City Attorney Parks Dept. School District
City Engineer Bldg Inspector Rocky Mtn NatGas
Housing Dir. Fire Marshal CDOT
Aspen Water Holy Cross Clean Air Board
city Electric Mtn. Bell Open Space Board
Envir.Hlth. ACSD Other
Zoning Energy Center Other
DATE REFERRED:
INITIALS:
DUE:
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FINAL ROUTING:
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DATE ROUTED: 3 '~Q. ?~ INITIAL: fA-.&~
___ City Atty ___ city Engineer ___Zoning ___Env. Health
___ Housing ___ Open Space Other:
FILE STATUS AND LOCATION:
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MEMORANDUM
TO:
Mayor and City Council
THRU:
Amy Margerum, city Manager
THRU:
Leslie Lamont, Interim Planning
Directod~
FROM:
Kim Johnson, Planner
DATE:
June 13, 1994
RE:
Savanah Limited Partnership - Extension and Exemption of
Expiration of Residential Growth Management Quota System
Allotments and Extension of Vested Rights at the Aspen
Meadows: Second Reading of Ordinance 22, Series 1994
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SUMMARY: The applicant, Savanah Limited Partnership, seeks to
extend for 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. Included in the request is exemption from
expiration of the GMP allotments for 4 single family units on
individual lots. 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.
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. Please see
Exhibit A for pages 15 and 16 of Ordinance 14, Series of 1991.
At first reading on May 23,
vested rights extension
applicant.
Council gave staff direction to include
to Ordinance 22 as requested by the
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 Applicant I s request includes 6 month extensions to the GMP
allotments for the 7 units on Lot 6 (the "tennis townhomes") and
the 3 units on Lot 5 (the "trustee townhomes"). The Applicant
seeks exemption from the expiration of the GMP allotments for the
4 single family units, Lots 7,8,9,10, along the new Meadows Road.
See application information, Exhibit "A".
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Additionol ve"ted right" for a , month period i" ~[ht to:~
concurrently with the GMP extensions for the townho S~':74r. L-o+~n ;1
STAFF COMMENTS: section 24-8-108 of the Municipal Co tates tha ~
a development allotment and all other development appr 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, or unless an exemption from expiration or
extension of the approval is obtained.
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The four single family lots, 7-10, have not been built upon yet.
section 24-8-108 (A) (2) of the Municipal Code, and Ordinance 14,
Series 1991, allow the lots to be eligible for exemption from the
expiration of the GMQS allotments upon demonstration that the
public improvements associated with those subdivided lots have been
satisfactorily completed as well as any other conditions of
approval associated with the lots. The only outstanding work to
be completed is approximately 10 cottonwood trees which need to be
planted in front of the parking garage as soon as that construction
is completed. Also, some additional irrigation system cleanouts
are needed in that area after construction is finished.
For developments other than lots in a single family/duplex
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 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. Similarly, only utility and
roadway construction was required for the single family lots 7
through 10, and again these have been accomplished.
(b) Any improvements which were required to be installed by the
applicant prior to construction of the project have been installed;
and
RESPONSE: This criteria is similar to the above criteria in
regards to the unbuilt townhomes and single family lots. The
utility work for the Meadows is complete, the new Meadows road is
finished, and utilities have been provided to the single family
lots.
(c) The project has been diligently pursued in all reasonable
respects, and the extension is in the best interest of the
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community.
RESPONSE: The application states three reasons why it has not
sought to begin construction of the townhomes during this summer
season. These are related to the disruption of the Institute's
facilities and programs, the rental of the existing townhomes to
the Institute for its participants, and easing of construction
related staging in the constrained areas of the West Meadows during
the on-going construction of the health club and parking garage.
Based on these reasons, staff believes that it does no public harm
to grant the 6 month extension for the townhome construction. The
Applicant plans to begin construction of the 7 tennis townhomes
this fall. However, it should be noted here that the Applicant
wishes to build the three townhomes on Lot 5 in the fall of 1995,
thus an additional 6 month extension would be necessary this winter
in order to apply for building permit next spring. At this point,
staff feels favorably toward the additional extensions because of
the same reasons stated in the current application.
This particular criteria does not apply to the single family lots.
Vested Riqhts: 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 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. Staff also recommends
exemption of expiration of the GMP allotments for the 4 single
family lots.
PROPOSED MOTION: "I move to approve second reading of Ordinance
22, Series 1994 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, for a 6 month extension of vested rights
for the same multi-family units, and for the exemption from
expiration of the 4 residential GMP allocations for single family
Lots 7,8,9,and 10 of the Aspen Meadows Subdivision."
CITY MANAGER'S COMMENTS:
Ordinance 22, 1994
EXHIBITS:
A Excerpts from Ordinance 14, 1991
B - Application Information
C - Published Public Notice
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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
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, 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.
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
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
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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
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.
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
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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
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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 , 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
City Council of the City of Aspen on the day of
, 1994.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this
, 1994.
day of
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
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shall be prepared by a professional engineer registered
in the state of Colorado.
14. The speed limit for the new Meadows Road shall be
reduced to a speed below thirty (30) miles per hour as
determined by the City Engineer.
15. The existing old Meadows Road shall be converted to a
pedestrian trial/bikeway with ownership thereto to
remain in the city.
16. Pursuant to section 24-7-l005E of the Municipal Code,
the final subdivision plat and subdivision agreement
shall be recorded in the office of the Pitkin County
Clerk and Recorder within 180 days following the adop-
tion date of this Ordinance. Failure to record the
final plat and subdivision agreement within the 180 day
time period shall render the subdivision approvals
granted herein invalid. If the 180 days lapse, recon-
sideration of the subdivis~on and subdivision agreement
by the Planning and Zoning Commission and City Council
will be required before acceptance and recording.
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Section 6
Pursuant to section 24-8-106 of the Municipal Code, the city
council finds as follows in regard to the Plan's residential
Growth Management Quota System allotment component:
1. The Planning and Zoning commission has forwarded
to city council a residential development total
score of 35.78 for the residential component of
the Plan, such score exceeding the minimum scoring
threshold.
2. The residential development component of the Plan
was the only development project submitted to the
Planning and zoning Commission for 1990 residen-
tial GMQS allotments.
3. The GMQS residential scoring considered and reflected
the waiver of the six-month minimum lease requirement
as set forth in the applicable condominiumization
regulations.
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4. A mUlti-year or phased development allotment would not
serve the best interests of the Plan or the general
public.
5. section 24-8-103B of the Municipal Code permits
the awarding of development allotments in excess
of the maximum allotment level in any given year.
6. The Plan as presented by the Developer warrants an
excess development allotment and the Planning
Office has indicated excess development allotments
are available.
7. No challenges to the Planning and Zoning commis-
sion's scoring or ranking of the Plan's residen-
tial development component have been submitted as
permitted by section 24-8-106I of the Municipal
Code.
Section 7
Pursuant to the findings as set forth in Section 6 above and
_1 in accordance with section 24-8-106J of the Municipal Code, the
City Council awards and grants the Developer six (6) residential
development allotments from the GMQS allotment pool for 1990, and
eight (8) excess residential development allotments to be off-set
in future years in accordance with Section 24-8-103B of the
Municipal Code.
In accordance with section 24-8-108(A) (1) of the Municipal
Code, Developer, or its successor in interest, shall be eligible
for exemption from the expiration of the GMQS allotments for
residential Lots 7, 8, 9 and 10 herein awarded upon proper
demonstration that those conditions of final approval and the
public improvements associated with Lots 7, 8, 9 and 10 have been
satisfactorily completed.
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('""Y Council Exhibit B
~~ved , 19
By Ordinance
Request for Extension and Exemption from GMQS Expiration Deadlines
for the Aspen Meadows Residential Projects
This application is submitted on behalf of Savanah Limited Partnership, owner and
Newfield Enterprises International, Inc., developer of Lots 5 through 10, Aspen
Meadows Specially Planned Area (collectively, the "Applicants"). The Applicants
request an 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 and for the seven multi-family units approved on Lot 6. The Applicants also
request an exemption from expiration for the allocations awarded for the four
single-family units on Lots 7 through 10.
At the present time, the Applicants are preparing a building permit submission for
the two multi-family projects in anticipation of obtaining a building permit to begin
construction of these two projects by the present deadline in June. However, the
Applicants would prefer to postpone commencement of construction of the two
projects. Specifically, the Applicants prefer to begin construction of the seven new
townhouse units on Lot 6 this fall and then begin renovation of the trustee
townhouses and construction of the three new units on Lot 5 in the fall of 1995.
This would accomplish several goals. First, it would allow the Applicants to
minimize the disruption of the summer programs of the non-profit organizations
by undertaking the most disruptive stages of construction during the falloff-season.
Secondly, it would permit the Applicants 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 summer season. Finally, starting the two projects at
separate times would ease the problems of construction staging in the relatively
constrained area remaining to work in at the Meadows.
Under Ordinance 14/1991, the City approved the Aspen Meadows Final S.P.A.
Development Plan and Final Subdivision Plat which included the following
development activities:
1. Reconstruction of the existing sixty lodge units and renovation of the
existing Kresge Building conference space (Lot 1) -Institute.
2. Construction of fifty new lodge units (Lot 1) - Institute.
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3. Health club renovation and expansion of 1,800 square feet (Lot 1) -
Institute.
4. Restaurant renovation and expansion of 2,000 square feet (Lot 1)-
Institute.
5. Tennis shop renovation and expansion of 980 square feet (Lot 1) -
Institute.
6. Music tent backstage expansion of 1,500 square feet (Lot 2) - MAA.
7. New rehearsal/performance hall of 11,000 square feet (Lot 2) - MAA.
8. Music tent gift shop expansion of 100 square feet (Lot 2) -MAA.
9. Renovation of the existing eight trustee houses and their expansion to
2,500 square feet each (Lot 5) - Savanah.
10. Construction of ten new townhouse condominiums of 2,500 square
feet each (Lots 5 and 6) - Savanah.
11. Creation of four single family homesites, each homesite to have a
single family home and an accessory employee unit totaling 4,540
square feet exclusive of exempt garage space of up to 500 square feet
(Lots 7 through 10) - Savanah.
Under Section II(A) of the SPA Agreement, the Institute committed to provide on
Lot 1, among other improvements, covered parking for 97 cars underneath the new
tennis courts. Construction of this facility adjacent to Lot 6 began last fall and is still
underway. Construction is expected to be completed in June, just before the
commencement of this summer's Institute programs. In the interim period, the
Institute is obligated to maintain 97 surface spaces elsewhere on the property.
Approximately 31 of these spaces have been maintained in the existing lot adjacent
to the Health Club. In order to minimize disruption of ongoing Institute programs
and to accommodate completion of the landscaping on Lot 1 in the high pedestrian
traffic area between the Meadows Restaurant and the academic area further east, the
Applicants have permitted the Institute to maintain a large percentage of the
remaining parking requirement of 66 surface parking spaces on Lot 6 ( the Tennis
Townhomes site) during this interim period.
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The only alternative for interim parking for the Institute while construction of the
parking structure is underway would otherwise have been to either park in areas
slated to be landscaped or to use a portion of the racetrack area and then revegetate
the area following completion of construction. This latter alternative would have
been inconsistent with the Consortium's commitment to minimize disruption of
native vegetation in the racetrack area, as provided in Exhibit H of the Agreement.
Finally, the Institute has been forced to use a portion of the area historically used for
parking adjacent to Lot 5 ( the Trustee Townhomes site) as a staging area for the
renovation and expansion of the Health Club which is presently underway. The
Applicants previously concluded that it was not desirable to undertake the
renovation and expansion of the Trustee Townhomes on Lot 5 at the same time
that the Institute is renovating the Health Club immediately adjacent to Lot 5,
particularly in light of all of the other construction activity which has been
underway in that area.
Developments which have been awarded allotments under the provisions of the
growth management quota system shall be considered to have complied with the
requirements of approval of a site specific development plan, as defined herein, on
the date of approval of the project's final subdivision, Planned Unit Development
(PUD), Specially Planned Area (SPA), or other development approval, whichever is
the latest date. Development allotments and all other development approvals shall
expire on the day after the third anniversary of this date, unless a building permit is
obtained and the project is developed, or unless an exemption from or extension of
the approval is obtained, as provided for under the provisions of Sec. 8-108(A)(1) or
(2), as applicable.
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, or June 20,
1991. Therefore, the GMQS allocations for the residential component of the Aspen
Meadows SPA are due to expire on June 21,1994 unless an extension or exemption
is granted.
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Section HA) of the SPA Agreement, Construction Schedules - General, includes the
following description of the Project as involving five separate areas of construction
activity with the then estimated sequencing:
"1. 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.
2. It is anticipated that the MAA tent improvements (seating expansion, back
stage addition and site work), rehearsal performance facility construction and
site work and the reconfiguration of the parking lots on Gillespie will be
undertaken in at least two phases, one being the tent related improvements
and parking lot work and the other being construction of the rehearsal
facility.
3. It is anticipated that the residential component, consisting of site
improvements for the single family lots, tennis townhomes and trustee
house remodels and additions and all related site work will be undertaken in
three phases: the site work for the home sites, the tennis townhomes and the
renovation and expansion of the trustee houses.
4. The construction of the new Meadows Road is currently planned for the
Spring of 1992, and the conversion of the old Meadows Road to a trail with
landscape and the upgrades to the utility and irrigation systems throughout
the Property is planned for the Spring of 1992. The utility and irrigation
system work will be coordinated with the individual construction phases and
with the Public Works Director.
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 ~he 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.
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(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,"
The Applicants are now requesting the continued cooperation of the City in what
has been an ongoing agreement between the City and the members of the
Consortium to try to avoid unneccessary disruptions of the academic programs at
the Aspen Meadows through the various construction stages to be undertaken. The
Applicants request approval of the attached requests so that commencement of
construction on the residential projects can be delayed until after the summer
season,
A. Extension of GMQS Expiration Provisions for Lots 5 and 6
Under the provisions of Sec, 8-108(A)(2), developments of any type other than a
subdivision composed of detached residential or duplex units shall be eligible for
extension of the GMQS expiration provisions. To obtain an extension, 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 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)).
As documented in Exhibit A, to the best of the Applicants' knowledge, all of
the conditions which were applied to the Project under the SPA Agreement
have been complied with.
(b) Any improvements which were required to be installed by the
applicant prior to construction of the project have been installed [Sec. 8-
l08(A)(2)(b )).
All of the improvements which were required to be installed under the SPA
Agreement have now been completed 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 will be planted following completion
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of the parking facility and the cleanouts will be installed as soon as weather
permits this spring.
(e) 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)(e)).
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 which have
previously been agreed to during a large majority of the summer building
season; these were recognized concerns spelled out by the Parties to the SPA
Agreement. Now that the project infrastructure is in place and many of the
new and renovated facilities are complete, the Aspen Meadows is once again
attracting attention to Aspen's cultural organizations and their summer
programs. The Applicants believe that the extension is clearly in the best
interests of the community in order to avoid disrupting these programs
during this most critical time of the year.
The Applicants are 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) for a period not to exceed six (6) months. Additional extensions
which the Applicants presently anticipate will be requested for the Trustee
Townhomes, as discussed above, will require repetition of the extension procedures.
B. Exemption from GMQS Expiration for Lots 7 through 10.
Under the provisions of Sec. 8-108(A)(2), subdivisions composed of detached
residential or duplex units shall be eligible for exemption from the expiration
provisions applying to Growth Management allocations.
To obtain an exemption, an application for exemption shall be submitted at any
time prior to the third anniversary of the date of approval of a site specific
development plan which demonstrates to the satisfaction of City Council that the
following two conditions in bold have been met:
1. 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.
6
All of the conditions of Ordinance 14, 1991 were incorporated into the SPA
Agreement. As described in Exhibit A, those conditions of approval which
relate to the four single-family lots have been satisfied.
2. Any public or private improvements which were required to be
installed by the applicant prior to construction of any dwelling unit
have been installed.
As the narrative attached as Exhibit A describes, all required improvements
with the exception of the installation of approximately ten cottonwood street
trees to be planted along Meadows Road and some additional c1eanouts that
the City has requested be added to the irrigation system have previously been
completed. These improvements will be completed this spring as weather
and completion of construction permits.
The code provisions regarding exemption from GMQS expiration for single-family
allocations were specifically acknowledged in Section III(C)(5) of the SPA
Agreement. That section reiterates that the development activity contemplated in
Section II(G) of the SPA Agreement ( the single-family residences on Lots 7 through
10 ):
"...shall be eligible for exemption from expiration under the provisions of
Section 24-8-108 of the Municipal Code, notwithstanding that a building
permit is not sooner obtained in respect of such development activity, if on or
before three years next succeeding the effective date hereof application for
such exemption is made by the owner(s) of any of Lots 7, 8, 9 or 10 and by the
time of such application for exemption any conditions set forth in this
Agreement relative to the development activities contemplated in Subsection
G of Section II, which were to have been met by the time of such application
have, in fact, been met, and all contemplated utilities have been installed to
the lot lines of Lots 7, 8, 9, and 10 and the work and activities contemplated by
Subsection D2 of Section I of this Agreement have been completed."
The Applicants are now eligible to request an exemption from the GMQS expiration
provisions for the four single-family homesites (Lots 7 through 10) having
completed all of those improvements identified in the SPA Agreement which are
related to the single-family homesites. Under the provisions of Sec. 8-108(A)(3), an
exemption from GMQS expiration provisions which is granted to a project shall
have no time limit.
7
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ORDINANCE 22 (SERJfS Of 1994)
AN ORDINANCE OF mE ASPEN CITY COUNCIL
GRANTING A SIX MONTH EXn.NSION OF THE
1990 RESIDENTIAL CMQS ALLOTMENTS AND
VESTED RIGHTS GRANTED BY ORDINANCE
NO.14, SERIES OF 1991 fOR TUREE TOWN-
HOMES ON LOT 5 AND SEVEN TOWNHOMFS ON
WT 6 OF 1ltE ASPEN MEADOWS SUBDIVISION,
AND FOR EXEMPTION FROM EXPIRATION OF
TIlE GMQS AI.l.OTMfNI'S FOR 1l-lE SINGLE F AM-
ILY LOTS 7, 8. 9 AND 10 OF TIlE ASPEN MfAD.
QWS SUBDIVISION, CITY OF ASPEN, PITKIN
COUmY, COLORADO.
WHEREAS, pursuant to Section 24-8-108 of the
Aspen Municipal Code. City Coum:ll may grant an
extension 01 CMQS allocations up to six months
for developments other than detached residen-
lial and duplex units and may grant exemption
from expiration of GMQS allocations lor subdM-
slons 01 detached residential Of duplex units; and
WHEREAS, on June 10, 1991, City Counell
approved Ordinance No.l4. Series of 1991. which
Included residential GMQS aJlocalions lor the
development ollhe Aspen Meadows SpeCially
P\aruled Area Final Development Plan and
WIlEREAS, devdoplllcnt aUotmenls expire on
the day alter the third anniversary ollhe date
the GMQS allocations, or other development
approvals, have been awarded; and
WHEREAS, the allplicant, Savanah LImited
Partnership has requested a six month ~tension
01 the GMQS allocation in order to commence
construction of the ten approved townhomes on
Lois 5 and 6 01 the Aspen Meadows Subdivision,
and to exempt Irom expiration the slnllle lamily
units on Lots 7 through to of the Aspen Mead-
ows Subdivision; and
WHEREAS, the Planning Ollice, haviny:
reviewed the application recommends approval
oJ a six month extension ol the GMQS allotments
for the townhomes and for the exemption from
expiratkm for the four single family lots; and
WHEREAS, the Aspen City Council having con-
sidered the Planning Office's recommendation
for the residential GMQS extension and exemp-
tion frolll expiration does wish to gran! the
requested extension for six months beyond the
approval granted in Ordinance NO.14, Series of
1991, lor the mulU-family residences as well as
tDe reqUCliited exempllon Irom expiration lor the
sblgle family lots at the Aspen Meadows Special-
ly Planned Area development.
WHEREAS, Savanah Umited Partnership was a
clHppllcant for the Aspen Meadows SPA Final
Development Plan and by virtue oj Ordinance
No.H, Series of 1991. received approval to con-
struct a total 0110 townhomes on two parcels,
Lots Sand 6; and
WHEREAS, Ordinance No. 14, Series of 1991
specified that the exisllng townhomes on Lot 5
could be expanded up to 2,500 square feet. the
new northernmost townhome would receive a
height v'allation lor up to 8 leet, a minimum set-
back variation lor accessory buUdings lor zero
fet-i, and a waiver ol minimum RMF wne district
open space requirements, and waiver of the 6
month minimum lease requirementli: and
WHEREAS, Ordinance No.14, Series 011991
specified that the townhomes on Lot 6 would
receive a helsht variation lor up to three feet in
the center of the building, a minimum setback
variation lor accessory buUdlnHS for zero feet,
and a waiver ol mlnimwn RMF zone di5lricl open
space requl~ments. and waiver 01 the 6 month
C1tJ ("--11
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By OrdlDaJl~
mJnImwn lease requirements; and
WHEREAS, _led dght5 lor a period of three
years was Included In the appDcation submitted
to the PlannIng Otftce by the Aspen Meadows c~
applk:ants and was approved as part 01 the over-
all SPA Plan approval; and
WHEREAS, Savanah Umlted Partnership had
not commenced their projects approved by Ordl-
RanCe No. 14 prior to the expiration 01 vested
rights due to the desire to not disrupt the Aspen
Inslltute's facllltles and programs or the rental 01
the ex1S1in& townhomes lor Institute participants
by construcUon activities, and the need to main-
tain required parking and construction staging
lor the Institute's lodge buildings and parking
-"'"
WHEREAS, Section 24-6-207 01 the Aspen
Municipal Code was adopted to provide the nec.
essary procedures to Implement the provisions
01 Artk:1e 68 01 "tle 24, C.RS., as amended and
SectloR 24-4i8-104 (I), C.RS., permits the vesting
period to be extended upon the express auth~
rtzaUon ol City Council.
NOW, THEREFORE. BE IT ORDAINED BY 1lIE
CITY COUNCIL OF THE CITY OF ASPEN COL-
OWWfr. '
Section I: Pursuant to Section 24-8-108 of the
Municipal Code, City Council does hereby grant
the applk"ant a six month exten..<;lon of the 1990
residential GMQS allocations approved by Ordi-
nance No.14. Series of 1991, lor 10 multJ..lamily
units on LoIs 5 and 6 01 the Alipen Meadows Sub-
division beginning June 21, 1994, and endlRg
December21, 1994, and does grant exemption
Irom explrallon 01 the GMQS allocations
approved by Ordinance No.l4, Series 011991, for
the single lamily WlIIs on Lots 7,8,9 and 10 ol the
Alipen Meadows Subdivision.
Section 2: II any secllon, subsection, sentence,
clause, phrase or portion of this ordinance Is for
any reason held invalid or unconstitutional by
any court 01 competent jurisdiction, such pro\4-
sion and such holding shall not affect the validity
ol the remaining portions ther~1.
Section 3: TIlls Ordinance shall not ellect any
existing litigation and ShOll! not operate as an
abatement 01 any acllon or proceeding now
pending under or by virtue of the ordlnancC5
repealed or amended as herein provided, and
the same shall be conducted and concluded
under such prior ordinances.
Section 4: That II dues hereby extend Vested
Rights for Savanah Umited Partnership granted
by the site specific dt:velopment jllans approved
lor the Aspen Meadows SPA Final Development
Plan, established by Ordinance No.l4, Series ol
1991, for a period 01 six (6) months from June 20.
1994. However, any failure to abide by any of the
tenns and conditions attendant to the apjlrovals
shaU result in the lorleiture of .said vested prop-
erty rights. Failure to properly record aU plats
and agreements required 10 be recorded by the
land Use Code lihall also result in the forfeiture
of said vested prnperty rilthts.
Section 5: The establishmellt 01 a vested prop-
erty right shall not preclude the application 01
ordinances or regulallons which are general in
nature and are applicable to all property subtec1
~o lan~ use regulation by the Cuy 01 Aspen
IOcludlOg, but not limited 10, building, lire,
plumbmg, electrical and mechanical codes. In
this reyard, as a condition 01 this slle develop-
ment approval, the appUcanl shall abide by any
and all such buildln\!, flre, plumbing, electrical
and mechanical codes. unless an exemption
therefrom Is granted in writing.
Section ~ That Ihe City Clerk is directed, upon
the adoptIOn 01 thIS ordinance, to record a copy
01 this ordinance in the ollice of the Pitkin Coun-
ty Clerk and Recorder
Section 7: A public hearing on the Ordinance
shaU be held on the l31h day of June, 1994 a' 5:00
P.M. in the City Council Challlhers, Aspen ClIy
Hall, Alipen Colorado, liItcen t 15) days prior to
which hearing a public notice 01 the same shall
be published one In a newspaper 01 general cir-
culation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUB-
LISHED as provided by law. by the City Council
ol the City 01 Aspen on the 23rd day of May, 1994.
John Bennell, Mayor
ATIEST: Kathryn S. Koch, City Clerk
FlNAlJ.Y, adopted. passed and approved this
_dayof_, 1994.
John Bennett, Mayor
A11'EST:Kathryn S. Koch, City Clerk
Published in The Aspen TImes May 27,1994.
.....thft.
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Exhibit A
Savanah and the Consortium, collectively as applicable, have complied with the
following matters as identified in the Aspen Meadows SPA Agreement:
I. The Consortium has provided to the City a digitized copy of the
subdivision plat (see Paragraph 15 of the Recitals of SPA Agreement).
n. As part of the SPA approval process, a traffic mitigation plan was
developed. The Institute, the lodge operator and MAA have complied with the
actions required of each group under the traffic mitigation plan (see Section I(C)
of SPA Agreement).
m. The Consortium has completed the following site improvements on
the Property:
(A) Utility Plan:
The existing water, sanitary sewer, gas, electrical, telephone, and cable
television lines have been upgraded and relocated in accordance with the
approved Utility Plan, as follows:
(1) Water (see Section I(D)(I)(a) of SPA Agreement>:
The Consortium has upgraded the water distribution system for the
development to meet the minimum standards of the City for domestic
municipal and fire protection purposes. The Consortium provided
proposed easement documents to the City for a perpetual twenty foot as-
built easement extending ten feet from each side of the centerline of all
newly constructed water lines along with a similar easement for the future
installation of a connector main to the existing City water main in Black
Birch Drive. Upon acceptance of the easements documents by the City, the
system will be conveyed to the City.
The Consortium has installed two new 8" Ductile Iron water lines within
the Project in accordance with the Utility Plan to replace and upgrade the
existing 6" cast iron and smaller diameter water lines on the site.
Additionally, the Consortium has:
(a) Installed and constructed an 8" Ductile Iron water line from the
City's existing dead-ended 8" water line in the current Meadows Road,
extending northerly and easterly through the Project and connecting to
the City's 16" Red Mountain water transmission main and a short
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section of 6" DJ.P. connecting portions of the 8" loop in front of Chalet
No. 1.
(b) Installed and constructed an 8" Ductile Iron water line from the
existing 16" Red Mountain transmission main, extending easterly
north of Paepcke Auditorium, southerly and then easterly in the
Institute parking lot and terminating with a tie-in to the existing City of
Aspen 6" water line in Roaring Fork Road.
(c) Relocated the 16" Red Mountain water transmission main around
Lot 7 as shown on the Utility Plan.
(d) Where required, all existing service lines have been replaced and
up-sized to support the upgraded and proposed construction.
(e) Existing on-site water lines no longer used have been abandoned in
place.
(2) Sanitary Sewer (see Section I(D)(l)(b) of SPA Agreement):
The Consortium has installed and constructed 8" PVC sanitary sewer lines
within the Project in accordance with the Utility Plan to replace, upgrade,
and serve existing and proposed facilities on the site.
Additionally, the Consortium has:
(a) Installed a new 8" PVC sewer line in the new Meadows Road to
serve the four Single Family Lots 7-10. The sewer main extension
connects to the sewer main in the existing Meadows Road.
(b) Designed a new 8" PVC sewer main extension along the west side of
the proposed Tennis Townhouses, which will be installed once the
Tennis Townhomes are constructed. The line will connect to the
existing Aspen Consolidated Sanitation District ("ACSD") Castle Creek
Trunkline.
(c) Redesigned portions of the existing sewer line serving the Trustee
Townhouses which will be replaced when the Trustee Townhouses are
renovated and expanded the line will connect to the ACSD Castle
Creek Trunkline.
(d) Installed where necessary a new sanitary sewer collection system for
the MAA and Institute property beginning at the MAA Rehearsal!
Performance facility, extending westerly, northerly, and then westerly
and north of Anderson Park, to the West Meadows portion of the
Institute property. The sewer main extends westerly and northerly
2
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along the east side the Trustee Townhouses and then westerly along
the north side of the Trustee Townhouses, to connect into the ACSD
Castle Creek Trunkline.
(e) Installed and constructed a sanitary sewer collection system on the
Physics Property, extending easterly connecting Boettcher Building,
across the MAA parking lot and connecting into the ACSD sewer main
in Roaring Fork Road.
<0 The Castle Creek sanitary sewer trunkline has been lined wherever
practical. It was not necessary to replace sections of the trunkline.
(g) All existing service lines have been replaced and up-sized to support
the upgraded and proposed construction where necessary.
(h) All the existing unused or unnecessary on-site sewer system have
been abandoned in place.
(3) Electricity (see Section I(D)(l)(c) of SPA Agreement):
The Consortium has contracted with Holy Cross Electric and all necessary
electrical system upgrades within the Project have been installed.
Underground facilities have been brought from four points of connection:
Meadows Road, the overhead substation on the east side of Castle Creek,
the overhead substation on the south side of the Roaring Fork River and
Roaring Fork Road near the MAA facilities. All existing unnecessary on-
site electrical lines have been abandoned in-place.
(4) Gas (see Section I(D)(l)(d) of SPA Agreement):
The Consortium has contracted with Rocky Mountain Natural Gas and all
necessary upgrades to the gas system for the Project have been installed.
Underground facilities have been brought in from two points of
connection: Meadows Road and Roaring Fork Road. All existing
unnecessary on-site gas lines have been abandoned in-place.
(5) Other Underground Utilities (see Section I(D)(l)(e) of SPA Agreement):
The Consortium has contracted with U.s. West and TCI Cable Television
and all necessary upgrades to their individual facilities within the Project
have been installed. Points of connection are from Meadows Road and
Roaring Fork Road. All unnecessary existing underground lines have
been abandoned in-place.
3
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(6) Drainage (see Section I(D)(l)(O of SPA Agreement):
The Consortium has installed and is maintaining storm drainage facilities
for storm runoff from the site in accordance with the Municipal Code. A
detention area designed to detain the on-site 10o-year storm runoff has
been constructed north of Anderson Park as shown on the Drainage Plan.
(7) Fire Protection (see Section I(D)(l)(g) of SPA Agreement):
The Consortium has installed fire hydrants within 350 feet of all existing
and proposed structures, as approved by the City of Aspen/Pitkin County
Fire Marshal.
(8) Vacation and Grant of Easements (see Section I(D)(l)(h) of SPA
Agreement):
/
The Consortium has forwarded for review easement documents for
relocated utility facilities in accordance with the individual utility's rules
and regulations governing service.
(B) Meadows Road (see Section I(D)(2) of SPA Agreement):
(1) Savanah has constructed the new Meadows Road, Seventh
Street/North Street intersections, and Meadows Road/Eighth Street
intersection accessing the Institute lodge facilities and the residential
properties at the Meadows. The new Meadows Road has been dedicated as
a public street from its intersection with Seventh Street and North Street
to the south boundary of Lot 6.
(2) Legal access to and from the new Meadows Road has been provided
where necessary for the benefit of existing and future properties abutting
that portion of the old (existing) Meadows Road.
(3) The old (existing) Meadows Road has been converted at the expense of
Savanah to a pedestrian trail bikeway; the City retains ownership of the
right-of-way.
(4) Traffic control signs have been installed at the intersection of the new
Meadows Road with Seventh and with Eighth Streets.
(5) Street lights have been provided at the intersections of the new
Meadows Road with Seventh and Eighth Streets.
(6) Culverts to accommodate irrigation ditches and drainage have been
installed. Additional c1eanouts will be installed as soon as weather
permits.
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(7) Savanah has installed street trees lining new Meadows Road consisting
of cottonwoods of 2 inch caliper spaced every 30 feet along the east
boundary beginning at the intersection with Eighth Street and extending
north to the area of construction of the tennis courts. The remaining
street trees will be planted once construction of the tennis/parking
facilities are completed.
IV. In connection with the installation of all site improvements to the Property
(see Section I(E) of SPA Agreement):
A. There has been no interconnection of non-treated water systems to potable
water systems. /
.;/
B. The Consortium has conveyed by special warranty deed to the City all right,
title, easement and interest it previously had in the Si Johnson Ditch along with
any water wells or other water rights appurtenant to the Property. The City has
leased back to the Consortium raw water for irrigation use within the Project in
an amount equal to that amount of water reasonably necessary for the efficient
irrigation of not less than 15 acres of landscaping and parcel features. The
Consortium has paid to the City its pro rata share of operation, maintenance and
repair costs, plus $100.00 per year.
C. Drainage design for the Project has avoided directing runoff into irrigation
ditches or ponds.
D. Vegetation replacement necessitated by utility installation has utilized the e:::
same plant species as the species of vegetation disturbed or damaged.
E. Easements for access and maintenance purposes have been established for all
ditches, swales, intermediary ponds and detention areas.
V. Financial assurances have been provided by the Consortium to ensure the
satisfactory installation and completion of the approved improvements of the
Project (see Section I(F) of SPA Agreement).
VI. Access/Emergency Loop (see Section II(H)(1) of SPA Agreement):
The thirteen foot service access/emergency loop drive serving the lodge buildings
on Lot 1 has been constructed with an all weather surface adequate to support fire-
fighting apparatus and is plowed, cleared and maintained to thirteen foot widths at
all times of the year, particularly during the winter months.
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VII. Fire Protection (see Section II(H)(2) of SPA Agreement):
Interior sprinkling fire protection/suppression systems as approved by the Fire
Marshal have been installed in all buildings accessed from the thirteen foot
access/ emergency loop drive.
VIII. Fireplace Regulations (see Section II(H)(3) of SPA Agreement):
At the time of issuance of building permits, all residential units will comply with
fireplace regulations as contained in the Municipal Code and enforced by the
Environmental Health Department. No building permits have yet been issued for
residential units. Savanah will replace the wood burning fireplaces in the eight
existing trustee house units on Lot 5 with gas log fireplaces. Minor relocations of ,~
existing fireplaces will be considered replacement of existing and not the e.
incorporation of new fireplaces.
IX. Drainage Mitigation (see Section II(H)(4) of SPA Agreement):
Drainage mitigation plans for runoff during construction activity have been
submitted to and approved by the City Engineer prior to the issuance of building
permits for each component of the Project undertaken to date.
X. Fugitive Dust Control (see Section II(H)(5) of SPA Agreement):
Fugitive dust control plans have been submitted to and approved by the
Environmental Health Department and applicable state agencies
prior to the issuance of building permits for each component of the Project
undertaken to date.
XI. Energy Conservation - Savanah (see Section II(H)(6) of SPA Agreement):
All energy conservation and efficiency measures as set forth in Exhibit "E" of the
SPA Agreement regarding insulation, glazing, solar orientation, HVAC, and
plumbing fixtures will be incorporated into all residential units and the design(s)
thereof will be approved by the City prior to issuance of any building permit for
residential construction. These measures will be further incorporated into deed
restrictions and/or covenants for all single family homes and condominium units.
XII. Energy Conservation - Institute and MAA (see Section II(H)(7) of SPA
Agreement):
Non-residential construction has utilized state-of-the-art energy conservation and
efficiency measures as represented by the Institute and MAA.P
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XIII. Fox Dens (see Section II(H)(8) of SPA Agreement):
JI
The Consortium has constructed replacement and additional fox dens in a manner
and at locations selected in the field by the City, in consultation with the Director of
the Aspen Center for Environmental Studies ("ACES").
XIV. Re-Vegetation (see Section II(H)(9) of SPA Agreement):
tf
Re-vegetation of all disturbed areas developed pursuant to the Plan has been
completed in accordance with those guidelines as set forth by Design Workshop in
Exhibit H of the SPA Agreement.
XV. Manicured Lawn Areas (see Section II(H)(lO) of SPA Agreement):
New manicured lawn areas have been minimized to the extent possible, except in
those areas adjacent to the Music Tent.
XVI. Construction Barricading (see Section II(H)(1l) of SPA Agreement):
Prior to excavation, temporary construction barricades and/or fencing will be erected
within five feet of the building envelopes of the tennis townhomes and trustee
townhomes to prevent damage from falling debris to the slope bordering the
development activity unless unstable soils dictate alternative locations mutually
agreed upon by Savanah, the Building Department and Planning Office. Prior to
issuance of building permits for individual components, the locations of all fencing
and barricades will be submitted to and approved by the Building Department and
the Planning Office. All fencing and barricades will remain in place throughout the
construction process.
XVII. Public Access (see Section I1(H)(13) of SPA Agreement):
Public pedestrian access, excluding access to buildings, has continued to be allowed at
reasonable hours throughout the entire academic (A), open space (OS), and wildlife
preservation (WP) zone district areas of the Property, subject to reasonable
regulations established by the owners in order to protect their property, as well as
the academic privacy and serenity of the campus, its programs and the health and
safety of other users and visitors.
XVIII. MAA Parking Lot (see Section II(H)(14) of SPA Agreement):
The MAA parking lot has been plowed and kept clear of snow for all wintertime
performances or functions at MAA facilities.
7
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Exhibit B
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Leonard Rice Consulting Water Engineers, Inc.
2401 Fifteenth Street. Suite 3CMJ I Denver, Colorado 80202.1143 I (303)455.9589 . FAX (303) 455-0115
-
Leonard Rice
Gregg S. Ten Eyck
Leslie H. Botham
Ross Bethel
Jon R. Ford
April 18, 1994
Pitkin County/Aspen Planning Department
c/o Mr. Ferd Belz
Savanah limited Partnership
515 S. Galena
Aspen, ex) 81611
Dear Ferd:
This letter is to summarize the status of site improvements for the Aspen Meadows as detailed
under Section D. Site Imnrovements to Prooertv of the document "The Aspen Meadows",
Specially Planned Area, Development and Subdivision Agreement. The status of the
improvements is as of this date.
* * *
Below is a summary of the site improvements accomplished to date:
a) Water
Items (i), (ii), and (iii) are complete and in service. The service lines to all new and
remodeled structures are replaced and upgraded to accommodate the construction.
Structures currently not constructed are Building No.3, Lot 1; three additional Trustee
Townhouses, Lot 5; the Tennis Townhomes, Lot 6; and single family residences on Lots
7, 8, 9 and 10. In all cases new water mains in accordance with the Utility Plan have
been installed adjacent to the project area and/or stub outs have been installed for
connection when the structure is completed.
The existing Trustee Townhomes are currently tied to the old water service and will be
transferred to the new main within the property when the remodel and expansion take
place. Connection at this time would disrupt the surrounding area and vegetation
unnecessarily.
Except for the Trustee Townhome service line, all of the old substandard and undersized
water system on the Meadows property have been abandoned and disconnected from the
16 inch Red Mountain transmission main.
b) Sanitary Sewer
Items (i), (iv), (v), (vi) and (viii) are completed in accordance with the Utility Plan and/or
are in service.
Water Rights
Ground Water
Civil Design and Construction
Water Resources Planning
r,
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Mr. Ferd Belz
April 18, 1994
page 2
The old service for the Trustee Townhomes (item iii) currently serves the existing
Townhomes and will be modified during the expansion. Upgrading at this time would
cause disruption and damage to vegetation that would reoccur during the expansions.
The main extension for the Tennis Townhomes (item ii) will be installed at the time of
construction to minimize the disruption and damage to the surrounding slope vegetation.
c) Electricitv
All underground electric improvements in accordance with the Utility Plan are installed
and complete. All old unnecessary electrical lines have been abandoned.
d) Gas
All gas main improvements in accordance with the Utility Plan have been installed and
completed. All old unnecessary gas lines have been abandoned. Gas services for the
additional Trustee Townhomes, Tennis Townhomes, and Single Family residences will
be installed at the time of construction in accordance with rules and regulations of KNE
Energy, the local gas supplier.
e) Other Undenrround Utilities
All required upgrades and improvements for telephone and cable television trunklines
have been installed and completed in accordance with the Utility Plan. All old
unnecessary telephone and television cables have been abandoned in-place.
f) Drainage
The storm drainage system and detention area in accordance with the Aspen Municipal
Code Section 24-7-1004. C. 4. f. and the Urban Storm Drainage Criteria Manual have
been constructed and are complete. The detention area volume is 1.0 acre-foot.
g) Fire Protection
Fire 'hydrants in accordance with the Utility Plan have been installed to maintain a
minimum radius distance of 350 linear feet from all old and newly constructed structures.
h) Vacation and Grant of Easements
Abandonment of old easements and preparation of new easements are in the process of
being executed. New easements will be granted to each utility across each lot either as
individual easements or an easement within a utility corridor.
(\)
Leonard Rice Consulting Water Engmeers,lnc.
1""
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Mr. Ferd Belz
April 18, 1994
page 3
2. Meadows Road
The Meadows Road has been constructed and is in service in accordance with the recorded
design drawings. The old (existing) Meadows Road has been converted into a pedestrian
trail/bikeway and becomes part of the City trail system. At the request of the adjacent lot owner
of Outlot B, Savanah at their expense installed approximately 270 linear feet of 18" CMP culvert
to eliminate the open ditch along the south and westerly side of Meadows Road. Two c1eanouts
requested by the City Street Department remain to be installed this Spring 1994.
...
Drawings of Record have been forwarded to City Engineering, City Streets Department, City
Water Department, Aspen Consolidated Sanitation District, and the Aspen Institute, as owner of
the Aspen Meadows facilities.
Please contact me if you have questions or comments with the above or need additional
information.
Very trul y yours,
CONSULTING WATER ENGINEERS, INC.
AJZ/gle
878HADOl
~ Leonard Rice Consulting Water Engineers. Inc.
NEWFIELD ENTERPRISES INTEw' "TIONAL
20-19 Cenlllr\ !'ark Ea~[
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April 13, 1994
Ms. Diane Moore
Planning Director, City of Aspen
130 S. Galena Street
Aspen, Colorado 81611
Dear Ms. Moore:
I am writing to you on behalf of Savanah Limited Partnership, owner, and Newfield Enterprises
International, developer, of Lots 5 through 10, Aspen Meadows Specially Planned Area (collectively,
the "Applicants"). The Applicants have authorized the preparation by Joseph Wells Land Planning of
the attached extension/exemption request for the residential Growth Management Quota Systems
approvals granted for these lots under Ordinance 14, Series of 1991.
During the processing of this application, the Applicants will be represented by Ferdinand Belz
and Joseph Wells. Please contact Ferd or Joe if you have any questions or need additional information.
Sincerely yours,
Newfield Enterprises International
Savanah Limited Partnership
By:
!I{~I1L
Clayto'n M. Corwin
,
Senior Vice President, Real Estate
By:
,~IHL_
Clayton M. Corwin
. {
DIrector
Tel :nO-")=;6-RRRU
Fax .~ 10 'i'56-06'52
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ASPEN/PITKIN PLANNING OFFICE
A~reement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and SAVANAH LIMITED PARlli"ERSHIP
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
SPA.
EXTENSION/EXEMPTION FOR RESIDENTIAL Q).fJS APPROVALS GRANTED FOR wrs 5-10 ASPEN MEAJJC:MS.
(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
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.
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5. Therefore, APPLICANT agrees that in consideration of the CITY's
waiver of its right to collect full fees prior to a determination of applicajion
completeness, APPLICANT shall pay an initial deposit in the amount of $ 'f7~
which is for 6 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. APPLICANT further agrees that failure to pay
such accrued costs shall be grounds for suspension of processing.
CITY OF ASPEN
APPLICANT
By:~rn~
Diane Moore
City Planning Director
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By:
Mailing ddress: -;~!j.-l, _ 'Nrt"l'/
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Date: 1"r'{ t.- I I /'17 I
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Please deliver to:
From:
Project:
Joseph Wells Land Planning
602 Midland Park Place
Aspen. Colorado 81611
Telephone: (303) 925-8080
Facsimile: (303) 925-8275
,JuN l 3 \994
Date:
TRANSMITT AL
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Number of pages: (including transmittal cover sheet)
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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, Lnts 5 and 6; and
~. WHEREAS, development a}~~tments expire on the aay after the
e~ t)~ t:;?nt#,,u,u/,A/!' #, <iu1e.! or 1'1.,1
third p.nni versary of the ^ date tRQ C!1(~€" allocatiel"l3: OJ: otHer
orJ"'~:2-I1 1~4- i
devels.l3fftcp\-t dppr "9.r:llo, ha....e gggn il~Y:lrt;lQti; and
WHEREAS, Savanah Limited Partnership has requested six month
extensions of the GMQS allocation and vested rights in order to
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commence construction of the ten approvj,f~;ownhom~on Lots 5 and
6 of the AS}len Meadow~:ubdivision, and~=tLfrom expiration c/-
GH~ ;;;1/t7~TU~ ~ A-~
the)\single family units on Lots 7 through 10 of the Aspen Meadows
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Subdivision; and
WHEREAS,(~ Planning Office, having reviewed the application
recommends ap~al 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
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WHEREAS,. the Aspen City Council having considered the Planning
Office's reCO~dation for the residential.~MQS and vested rights
extension and emption from expiration does wish to grant the
requested extens'on 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.
WHEREAS, Ordinance No. 14, Series of 1991 specified that the
existing townhofis on Lot 5 could be expanded up to 2,500 square
feet, the new~thernmost 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 ~~Uld receive a height variation for up to three
feet in the center~o~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
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WHEREA~ vested rights for a period of three years was
included in ~e application submitted to the Planning Office by the
Aspen Meadows co-applicants and was approved as part of the overall
SPA Plan approval; and
hat
'\ WHEREAS, Savanah Limited partnership^~ not commenced
th~~prOjects approved by Ordinance No. 14 ~rigF tg ~ho oVFir.~inn
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 sta~ing
j.;t;' ~o~
for the Institute's lodge buildings and parking garage; and I.
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 ~he 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 Mea90ws 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
~c~(l-I-"N2fl/( /pr ?:./fOd j6. ~t~ ~ ~~c-Lo' ~
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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
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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 , 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
City Council of the City of Aspen on the
d~y. of
, 1994.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this
day of
, 1994.
JQhn Bennett, Mayor
ATTEST:
Kathryn S. Koch, city Clerk
5
MAR-22-'OO TI-LI 06:39 ID:
TEL NO:
11122 P02
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Joseph Wells
JaoophWclIt,,\lCP
i.snd I'Iulnlna and DesIaI>
May 23, 1994.
Me. :Kim Iowon
Aspen PlaMing Office
130 S. Galena Street
Aspen, CO 81611
Dear KIm:
Aa you requested, I am writing to you on behalf of Savanah Umited
Partnership, owner and Newfield Enterprises International, Inc., developer of
Lots 5 through 10, Aspen Meadows Specially Planned Area. (eo11ect1ve1y, the
. Applicants"). As you are aware, I have requested on behalf of the Applicants
an extension/exemption request for the residential Growth Management
Quota System approvals granted for these lots under Ordinance 14, Series of
1991. My letter is to clarify that it was certainly our intention, in requesting
these extensions, to also extend the vested rights granted by the City to expand
the seven existing units on Lot 5 and to preserve any variationJ in
dimensional requirements previously approved by the City for any of theee
lots which are an essential part of completing the projects as previoualy
approved. We would appreciate It if the draft ordinance which was included
in Oty Council's packet for tonight's first reading could be modified to reflect
thete additional areas of coneem.
Please contact Ferdinand Belz at 925-4272 or me if you have any questions or
need additional information.
(~eerel~rJurs,
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~08eph Wells, AICP
c:c Ferd Belz
Bob Hughes
602 MidIInd l'Irl< P1,"~
=Cokndo 81611
(303) 92}IKIIlO
(303) 9~5
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Joseph Wells
Joseph 'W'ells. Alep
Land Pbnning <lnd Design
April 16, 1994
Ms. Leslie Lamont
Acting Planning Director, City of Aspen
130 S. Galena Street
Aspen, CO 81611
Dear Leslie:
I am writing to you on behalf of Savanah Limited Partnership, owner and
Newfield Enterprises International, Inc., developer of Lots 5 through 10,
Aspen Meadows Specially Planned Area (collectively, the "Applicants"). The
Applicants are requesting review and approval by the City Council of the
attached extension/exemption request for the residential Growth
Management Quota System approvals granted for these lots under Ordinance
14, Series of 1991.
Please contact Ferdinand Belz at 9254272 or me if you have any questions or
need additional information.
- Sincerely youJ~,.
lCG; /f{{'~
Joseph Wells, AICP
L
602 !'vlidland Park Place
Aspen. Colorado 81611
Telephone ()031 925-8080
FacSimile (3031 925-8275
ASPEN/PITKIN PLANNING F CE
130 South Galena Street
Aspen, Colorado 81611 -"lA C
(303) 920.5090 UJp
LAND USE APPLICATION FEES :J J J 5 - ( JJ - 3 / -
CITY:
-63250-134
-63270-136
-63280-137
-63300-139
-63310-140
-63320-141
-63330-150
-63432-157
-63432-157
-MR011
GMP/Conceptual
GMP/Final
SUB/Conceptual
SUB/Final
AII-2 Step Applications
All 1 Step Applications
Staff Approval
Zoning Plan Check
Sign Permit
Use Tax for Sign Permits
HISTORIC PRESERVATION:
-63335-151
-63336-152
-63337-153
-63338-154
-63339-155
Exemption
Minor
Major Deve!.
Signit. Deve!.
Demolition
COUNTY:
-63160-126
-63170-127
-63180-128
-63190-129
-63200-130
-63210-131
-63220-132
-63230-133
-63240-149
-1)3450-146
-63235-148
GMP/General
GMP/Detailed
GMP/Final
SUB/General
SUB/Detailed
SUB/Final
All 2 Step Applications
All 1 Step Applications
Staff Approval
Board of Adjustment
Zoning Plan Check
REFERRAL FEES:
-63360-143
-63340-163
-63340-190
-63340-205
Engineering - County
Engineering - City
Housing
Envilonmental Hea~h
00115
00123
00125
PLANNING OFFICE SALES:
-63080-122
-69000-145
County Code
Other (Copy Fees)
TOTAL
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