HomeMy WebLinkAboutcoa.lu.gm.Lots 5&6 Aspen Meadows.A110-95
. .,
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 12/19/95
DATE COMPLETE:
PARCEL ID AND CASE NO.
2735-122-31-001&003 A110-95
STAFF MEMBER: 1>,,-\
Extension
PROJECT NAME: Aspen Meadows OMOS
Project Address: Lots 5 & 6
Legal Address:
APPLICANT: Savanah Ltd. Partnership
Applicant Address:
REPRESENTATIVE: Joseph Wells
Representative Address/Phone: 602 Midland Park Pl. 925-8080
Aspen. CO 81611
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FEES: PLANNING
ENGINEER
HOUSING
ENV. HEALTH
TOTAL
$1020
$
$
$
$1020
# APPS RECEIVED 2
# PLATS RECEIVED
TYPE OF APPLICATION: STAFF APPROVAL:
1 STEP:
~
-P-
-1
2 STEP: 2L-
P&Z Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
CC Meeting Date J- ZZ-'t ~ {-J. PUBLIC HEARING: G:ESl. NO
"., J') ;2 ~ VESTED RIGHTS: YES NO
.. ''-
DRC Meeting Date
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REFERRALS:
)( 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: 1\'1 INITIALS::5'W DUE:~
==============~=======================================
FINAL ROUTING: DATE ROUTED:~;L~q~ INITIAL:VL-~
_ city Atty
_ Housing
_ city Engineer
_ Open Space
_Zoning
Other:
Env. Health
FILE STATUS AND LOCATION:
~. -,..,
386863 8-798
SILVIA DAVIS
P-54~ 10/30/95 02:52P PG 1 OF~~
PITKIN COUNTY CLERK & RECORDER
ORDINANCE 38
(SERIES OF 1995)
REC
21. 00
DOC
NC
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH
EXTENSION OF THE 1990 RESIDENTIAL GMQS ALLOTMENTS AND VESTED RIGHTS
GRANTED BY ORDINANCE NO. 14, SERIES OF 1991, AND EXTENDED BY
ORDINANCE NO. 22, SERIES OF 1994, AND AGAIN BY ORDINANCE NO. 10,
SERIES OF 1995, FOR THREE TOWNHOMES ON LOT 5 AND SEVEN TOWNHOHES
ON LOT 6 OF THE ASPEN MEADOWS SUBDIVISION, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
WHEREAS, pursuant to Section 24-8-108 of the Aspen Municipal
Code, City Council may grant an extension of GMQS allocations up
to six months for developments other than detached residential and
duplex units; and
WHEREAS, on June 10, 1991, city Council adopted Ordinance No.
14, Series of 1991, which approved the Aspen Meadows Specially
Planned Area Final Development Plan and included residential GMQS
allocations; and
WHEREAS, the GMQS development allotments included the
construction of 10 townhomes on two parcels, Lots 5 and 6; and
WHEREAS, the development allotments expire on the day after
the third anniversary of the date the GMQS allocations, or other
development approvals, have been awarded; and
WHEREAS, Council has granted two prior six-month extensions
which extended the GMQS allocation and vested rights to June 19,
1995; and
WHEREAS, the applicant, Savanah Limited Partnership, has
requested another six (6) month extension of the GMQS allocations
for Lots 5 and 6 of the Aspen Meadows Subdivision; and
WHEREAS, the applicant also requests an extension of vested
rights status, to coincide with the GMQS allocation extension; and
1
386863
8-798
P-5~"""'"
10/30/95 02:52P PG 2
Of
.........,..,
WHEREAS, the Planning Office, having reviewed the application
recommends approval of a six (6) month extension of the GMQS
allotments and vested rights approved in Ordinance 14, Series of
1991; and
WHEREAS, the Aspen city council, having considered the
Planning Office's recommendation for the GMQS extension, does wish
to grant another extension for six (6) months and extend vested
rights status finding that the Aspen Institute requires more time
to finalize purchase of Lot 5 without jeopardizing the option
contract, Savanah requests to re-examine the affordable housing
mitigation requirement which has increased significantly since the
1991 approval, and avoiding campus disruption as a result of summer
construction activity is in the best interest of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
section 1:
Pursuant to section 24-8-108 of the Municipal Code, City Council
does hereby grant the applicant another six (6) month extension of
the 1990 Residential GMQS allocation approved by Ordinance 14,
Series of 1991, and extended by Ordinance No. 22, Series of 1994
and No. 10, Series of 1995, for Lots 5 and 6 of the Aspen Meadows
Subdivision beginning June 19, 1995, and ending December 19, 1995
with the following conditions:
1. The applicant shall review, with the Parks Department, the
landscape plan that was approved with the Meadows SPA development
plan and confirm that the plan is in compliance. If the Plan is
not in compliance, the applicant shall correct all deficiencies by
September 29, 1995. Failure to comply with this condition shall
render this extension invalid.
2. The applicant shall excavate the pedestrian/bike trail to the
top of the slope on Lot 6, as required in the insubstantial
amendment to the Aspen Meadows Lots 5 and 6, to be completed by
October 31, 1995.
2
386863
8-798
P-56
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10/30/95 02:52P PG 3
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OF......_
JF""'-...
3. The applicant shall replace the non-functioning trail lights
along old Meadows Road by September 29, 1995.
4. The six (6) month extension shall begin at the date of
expiration of the previous 6 month extension which is June 19, 1995
and expire on December 19, 1995.
section 2:
Pursuant to section 24-6-207 of the Municipal code, City Council
does hereby grant the applicant an extension of vested rights
status for the site specific development plan for Lots 5 and 6 of
the Aspen Meadows Subdivision as approved by Ordinance 14, Series
of 1991 and amended by Planning Office memo dated March 16, 1995,
with the following conditions:
1. The extension of vested rights shall be for six months to
December 19, 1995.
2. The rights granted by the site specific development plan
approved by this Ordinance and the insubstantial amendment
shall remain vested for a total of four years and six months
from June 20, 1991, which was approved by Ordinance No. 14,
Series and insubstantially amended. However, any failure to
abide by the terms and conditions attendant to this approval
shall result in forfeiture of said vested property rights.
3. The approval granted hereby shall be subject to all rights of
referendum and judicial review.
4. Nothing in the approvals provided in this Ordinance shall
exempt the site specific development plan from subsequent
reviews and or approvals required by this Ordinance or the
general rules, regulations or ordinances or the City provided
that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
5. The establishment herein of a vested property right shall not
preclude the application of ordinances or regulations which
are general in nature and are applicable to all property
subject to land use regulation by the City of Aspen including,
but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condition of this site
development approval, the developer shall abide by any and
all such building, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in writing.
Section 3:
The City Clerk shall cause notice of this Ordinance to be published
in a newspaper of general circulations within the city of Aspen no
later than fourteen (14) days following final adoption hereof.
3
,,..........
,~' ."'.
386863
3-798 P-57 ~1.0/30/95 02:52P PG 4
OF
Section 4:
If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such provision and such
holding shall not affect the validity of the remaining portions
thereof.
section 5:
This Ordinance shall not affect any existing litigation and shall
not operate as an abatement of any action or proceeding now pending
under or by virtue of the ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such
prior ordinances.
section 6:
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
of the City of Aspen on the /~ day of
, 1995.
~ tv I~~.~,- J1
Joh Bennett, Mayor
ATTEST:
passed and approved this ~~ day of
~ (J ~---., .71)
John Bennett, Mayor
/J FINALLY, adopted,
~r1995.
city Clerk
4
,
~.
MEMORANDUM
TO:
Mayor and Council
THRU:
Amy Margerum, City Manager /'
~ .." ( ""'
,/ ..---?' '
Stan Clauson, Community Development Director 2Y
THRU:
FROM:
Dave Michaelson, Deputy Community Development Director
DATE:
February 12, 1996 L-D1~ 5'(.0\ ,I-;=. I'~~I NEC-.;-;;>':'V'> SPA
Aspen Meadows Residential GMQS and Vested Rights Extension Request r
Cond Reading and Public Hearing, Ordinance 6, Series of 1996 j
RE:
SUMMARY: Savanah Limited Partnership have requested another six month extension to their 1990
GMQS allotment and vested rights status for the development of 10 townhomes on Lots 5 and 6 of the
Aspen Meadows Specially Planned Area.
l/EL f'\, 14'1<; Y6
This request would extend the allocation and the vested rights to June 19, 1996. The application is attached
as Exhibit A.
Staff recommends approval of a six (6) month extension of the GMQS allocation and the extension of
vested rights status, with conditions.
The last extension Ordinance (Ordinance 38, Series of 1995) is included in Exhibit A. A referral memo
from the Parks Department is attached a Exhibit B, and Ordinance 6, Series of 1996 is attached as Exhibit
C.
APPLICANT: Savanah Limited Partnership, represented by Joe Wells
BACKGROUND: Council approved the 1990 GMQS allocation for 10 new townhomes on Lots 5 and 6 as
part of the Aspen Meadows Specially Planned Area development approval. The SPA was approved in early
1991. The GMQS allocations were due to expire June 21, 1994. In April of 1994, Savanah requested a six
month extension on the GMQS and vested rights for Lots 5 and 6. Council granted the extension. The
applicants again requested an extension in December which extended the allocations and vested rights status
to June 19, 1995. Finally, Council granted an additional extension (Ordinance 38, Series of 1995) to
December 19, 1996.
On December 18, 1995 the applicant submitted a request for an additional extension. City policy has been
that if an application for an extension is received before the expiration date of the vested rights, City
1
Council will consider the request as timely filed even though the matter is scheduled by City Council for
consideration after the expiration date.
When Council granted the extension to June of 1995, Mayor Bennett remarked that he hoped this was the
last extension request. The applicant responded that another extension may be requested for two reasons:
to try and get on a fall construction schedule so as not to conflict with summer
programs; and/or
to split the project into two different projects.
Since 1994, the applicants have been working closely with the Aspen Institute and other third parties to
develop a co-development scenario in order to provide additional housing for the Institute. An option
contract was finalized in April of 1995 for the purchase of Lot 5 by the Aspen Institute. At the same time,
both Lots 5 and 6 were included in a Notice of Lis Pendens recorded by Mohammad A. Hadid in connection
with a lawsuit filed by him against principals of Savannah Limited Partnership.
On November 15, 1995, the trial court ordered the Lis Pendens removed, however Mr. Hadid's legal council
stated in open court that he will appeal the court's order. Savanah's legal counsel has indicated that under
the law the Lis Pendens remains in place pending a decision on appeal. The practical effect of the recorded
presence of the Lis Pendens is that Savanah is prohibited from selling, developing or financing either Lots 5
or 6 until the Lis Pendens is removed. Although Mr. Hadid has indicated publicly that he is prepared to
release Lot 5 from litigation, no such release has occurred.
Staff has requested that the applicant's attorney be available to answer legal questions regarding the Lis
Pendens at the public hearing before Council.
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 of
project approval, unless a building permit is obtained and the project is developed, or unless an exemption
from or extension of the approval is obtained.
For developments other than a subdivision, an application for extension shall be submitted prior to the third
anniversary of the date of approval of a site specific development plan which shall demonstrate to the
satisfaction of city council that:
(a) Those conditions applied to the project at the time of its final approval which were to have been
met as of the date of application for exemption have been complied with; and
RESPONSE: All improvements associated with the SPA agreement and conditions of approval of
subsequent extensions have been completed. Two conditions relative to the extension granted by
Ordinance 38, Series of 1995 have not been completed. The applicants were required to excavate the
pedestrian/bike trail to the top of slope on Lot 6, as required in the insubstantial amendment to the Aspen
Meadows Lots 5 and 6, to be completed by October 31, 1995. This has not been completed due to no
construction on these lots, as well as the current legal difficulties. Staff has included a revised condition,
which is supported by Parks staff.
2
In addition, The applicant was required to replace the non-functioning trail lights along old Meadows Road
by September 29, 1995. Based on conversations with Parks Department staff, it was decided to eliminate
these lights entirely. Staff has revised a this condition to require that all hardware be removed by June 1,
1996.
(b) Any improvements which were required to be installed by the applicant prior to construction of
the project have been installed;
RESPONSE: All the improvements which were required under the SPA Agreement have been completed.
Although construction has not begun for Lots 5 and 6, the applicant shall be required to mitigate any
construction damage to Aspen Meadows Road and a I" to IS' overlay is required when the construction is
complete.
Although the construction of the new units and the renovation of the existing townhomes has not begun,
utilities have been installed and road upgrades completed. Parks Department staff have reviewed the
project (see Exhibit B), and have indicated that 15-20 additional trees need to be planted along Meadows
Road. All other mitigation has been met. Parks did note that Aspen trees have been planted in the trail
easement by the Meadows Restaurant, and the relocation will be the applicants responsibility.
(c) The project has been diligently pursued in all reasonable respects, and the extension is in the best
interest of the community.
RESPONSE: Staff notes that this is the fourth extension requested by the applicant. At the same time, the
filing of Lis Pendens does place significant legal constraints on the development of the property, and
represents a delay outside of the control of the applicant. The applicants have expended considerable funds
for road construction, installation of utilities and landscaping in anticipation of the proposed project.
RECOMMENDATION: Staffrecommends approval for a final six (6) month extension, with the explicit
understanding that no further extensions shall be granted for reasons beyond unforeseeable legal
circumstances specific to the Lis Pendens. Staff recommends that the extension for the 1990 Residential
GMQS allocation and the extension of vested rights for Lots 5 and 6 of the Aspen Meadows Subdivision be
approved and amended in the Aspen Meadows Specially Planned Area development plan with the
~conditions:
ll. The applicant shall excavate the pedestrian/bike trail to the top of the slope on Lot 6, as required in th. e
insubstantial amendment to the Aspen Meadows Lots 5 and 6, to be completed bY\Oc~.1996j--- c,t::::~ iSf'J(~,
2. The applicant shall remove the non-functioning trail lights along old Meadows Road by June I, 1996,?,~ - rb:;,
subject to approval by the Pedestrian and Bikeway Committee. ' !~"'cS',
3. The applicant shall plant approximately 15-20 more trees along Meadows Road, consistent with the
approved landscape plan. This shall be completed by July I, 1996. In addition, the applicant is responsible
for the relocation of several Aspen trees that have been planted in the trail easement by July I, 1996.
3
4. The six (6) month extension shall begin at the date of expiration of the previous 6 month extension which
is December 19, 1995 and expire on June 19, 1996.
RECOMMENDED MOTION: "I move to approve Ordinance 6, Series of 1996 on second reading,
approving the extension of the 1990 Residential GMQS allocation and vested rights status for Lots 5 and 6
of the Aspen Meadows Specially Planned Area from December 19, 1995 to June 19, 1996."
CITY MANAGER'S COMMENTS:
EXHIBITS:
Exhibit A - Extension Request
Exhibit B - Referral Comments from Parks Department
Exhibit C - Ordinance 6, Series of 1996
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4
Exhibit A
Joseph Wells
Joseph \,\'dls. Aiel'
Lmd Pbnning ~nd Design
December 18, 1995
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 John Sarpa or Ferd Belz at 925-4272 or me if you have any
questions or need additional information.
SiJlcezely yours,
~~~
// ~
~ Joseph Wells, AICP
602 .\IiJbnd P:trk Place
Aspen. (olorJdo 81611
Telerhone (j(m 92)-8080
FJCiimdc (j03l 92"5-827;
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 and the Aspen Institute (the
"Parties"). The Parties request an additional extension of six months in the
expiration of the growth management allocations for the three multi-family units
approved by the City on Lot 5 (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.
Over the course of the last eighteen months, Savanah has been working closely with
the Aspen Institute and with third parties to try to develop a co-development
scenario which will better serve the Institute's long-term needs for additional
housing for its participants. An option contract was finalized between the two
parties in March of this year for the purchase of Lot 5 by the Aspen Institute. The
Institute, now that it has Lot 5 under contract, has been trying to determine how to
proceed with acquiring and constructing the Trustee Houses in a way which will
avoid disrupting the cultural and academic programs at the Meadows. Savanah, in
turn, has been awaiting a decision by the Institute in this regard.
Moreover, in April of this year, both Lots 5 and 6 were included in a Notice of Lis
Pendens recorded by Mohammad A. Hadid in connection with a lawsuit filed by
him against principals of Savanah Limited Partnership. Savanah has vigorously
defended against the suit at considerable expense to it, and on November IS, 1995,
the trial court ordered the Lis Pendens removed. Mr. Hadid's legal counsel stated in
open court that he intends to appeal the court's order. Savanah is advised by its
legal counsel that under the law the Lis Pendens remains in place pending a
decision on appeal. The practical effect of the recorded presence of the Lis Pendens is
that, through no fault of its own, Savanah is, and for the past 6 months has been,
utterly incapable of doing anything with respect to the Properties - i.e., either selling,
developing or financing them. Needless to say, the Parties have been unable to
conclude the Institute's option to purchase Lot 5 and, until the Lis Pendens is
actually removed, the Parties have been effectively precluded from devising a
program for the development of the Properties that causes the least amount of
disruption to the cultural programs at The Meadows.
1
Although Mr. Hadid has announced publicly that he is prepared to release Lot 5
from the litigation so that the Institute may proceed with its purchase, nonetheless
no such release has yet occurred. Thus, requiring that the building permits be
obtained at the present time would jeopardize the Institute's ability to acquire Lot 5.
In addition to the problems created by the pending litigation, it was recently brought
to Savanah's attention that changes to the window layouts for the Tennis
Townhomes will require a review by the HPC to amend the prior approval.
Previously, the Architects had discussed these changes with the Planning Office and
were under the impression that these relatively minor changes would not require
further review. HPC review of the changes is presently schedule to occur on
January 24, 1996.
A. Background:
Under the provisions of Sec. 8-108(A)(2), development allotments and all other
development approvals are deemed to expire on the day after the third anniversary
of the project's final development approval, unless a building permit is obtained
and the project is developed, or unless an extension of the approval is obtained.
The approvals are now scheduled to expire on December 19, 1995 1.
In March 1994, 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, for scheduling
reasons, Savanah needed to postpone commencement of construction of the seven
new townhouse units on Lot 6 until the fall of 1994 and then begin renovation and
enlargement of the Trustee Houses and construction of the three new units on Lot 5
in the fall of 1995. Therefore, Savanah previously requested and received approval
1 Sec. 6-207(c) of the Code provides that in those matters in which the Council has final approval,
that approval shall be by ordinance. A site specific development plan shall be deemed approved on
the "effective date" of the approving ordinance. The effective date of Ordinance 14/91, under which
the City granted Final SPA Development Plan approval to the Aspen Meadows, was five business days
after the date of publication of the ordinance following its approval on June 10; in other words, the
effective date of the ordinance was June 20, 1991. Therefore, the GMQS allocations and vested rights
for the two multi-family residential projects in the Aspen Meadows SPA were originally due to expire
on June 21,1994. Under Ordinance 22/94, Ordinance 10/95 and Ordinance 38/95, City Council granted
extensions of six months each; the approvals are now due to expire on December 19,1995.
2
,-
of an extension in the date of expiration of the GMQS allocations and vested rights
for these residential projects from June 21, 1994 to December 21, 1994.
Subsequent to the granting of the extension, some unforeseen zoning issues arose
with regard to these two projects as a result of City zoning staff review of the
pending building permit applications. These issues prompted Savanah, in October
1994, to seek two administrative amendments to the prior SPA approval. The
Planning staff reached a decision regarding these two administrative amendments
as documented in their March 16, 1995 memo, In the meantime, pending a
resolution of the proposed amendments, Savanah was granted a second extension
to June 19, 1995.
The Parties were granted a third extension to December 19, 1995 (see Ordinance
38/95, attached as Exhibit A) after the Aspen Institute entered into the option
contract to purchase Lot 5 to allow additional time to plan the phasing of
construction by the two separate organizations.
It remains a goal of the Parties to minimize the disruption on the summer
programs of the non-profit organizations by starting construction of the two projects
at different times and by undertaking the most disruptive stages of construction
during the off-season. This will also allow the Parties to maintain the availability of
the seven existing trustee houses as rental units for the use of the participants of the
non-profit programs for as long as possible. Starting the two projects at separate
times will also ease the problems of construction staging in the relatively
constrained area remaining at the Meadows. In the prior extension requests,
Savanah acknowledged an interest in pursuing staggered construction of the two
projects.
Savanah and the Aspen Institute request 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.
3
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 (the Parties' response to these conditions follows
each condition):
(a) Those conditions applied to the project at the time of its final approval
which were to have been met as of the date of application for exemption have
been complied with [Sec. 8-108(A)(2)(a)].
To the best of the Parties' knowledge, all of the conditions which were applied
to the Project under the SPA Agreement have been complied with.
(b) Any improvements which were required to be installed by the
applicant prior to construction of the project have been installed [Sec. 8-
l08(A)(2)(b n.
All of the improvements which were required to be installed under the SPA
Agreement have now been completed, including the planting of additional
cottonwood street trees along Meadows Road and some additional cleanouts
that the City requested be added to the irrigation system.
(c) The project has been diligently pursued in all reasonable respects, and
the extension is in the best interests of the community [Sec. 8-108(A)(2)(c)].
Despite the fact that actual construction of the new residential units 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.
The Consortium members have diligently pursued completi.on 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
4
Agreement. The project infrastructure is in place and most of the new and
renovated facilities are now complete.
Savanah has diligently pursued building permits for the two projects which
are the subject of this request and has worked closely with City staff to resolve
unforeseen zoning issues. The parties have been unable to proceed with the
projects because of the pending litigation. Savanah and the Aspen Institute
believe that the additional extension is clearly in the best interests of the
community.
In summary, Savanah and the Aspen Institute 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) as well as vested rights for the two
projects for a period not to exceed six additional months. This extension is
requested in order to allow Savanah additional time to resolve the pending
litigation and to amend its approval by the HPC. The extension will also allow the
Institute additional time to finalize its purchase of Lot 5 as soon as Lot 5 is dropped
from the litigation.
5
SA V ANAH LlMITED PARTNERSHIP
444 Washington Boulevard
Marina Del Rey, CA 90292
tel: (310) 821-9899 / tel: (310) 821-7188
December 13,1995
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 Speciality Planned Area. Savanah has authorized the preparation by Joseph Wells Land
Planning of the attached extension request 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 ;;e represented by John Sarpa, Ferdinand
Belz and Joseph Wells. Please contact John or Ferd at 925.4272 or Joe at 925.8080 if you have
any questions or need additional information.
R.
P t
Aspen Ente ational
Managing General Partner
cc: John Sarpa
Ferd Belz
Joseph Wells
BROOKE A. PETERSON
GIDEON I. KAUFMAN.
ERIN L FERNANDEZ ...
LAWOFFICESOF
KAUFMAN & PETERSON, P.C.
315 EAST HYMAN AVENUE
A5PEN,COLORADO 81611
TELEPHONE
(970) 925-8166
FACSIMILE
(970) 925.1090
ROBYN J. MYLER ...
. ALSO AOMITTtO IN MARYLAND
November 29, 1995
-"LSD ADMITTED IN (LORIOA
- ALSO ADMITTfD IN NlW YORK
AND CONNECTICUT
Mr. stan Clauson
Director of Community Development
City of Aspen
l30 South Galena
Aspen, Colorado 81611
Dear Mr. Clauson:
I am writing to you to confirm that the Aspen Institute is
presently under contract to purchase from Savannah Limited
Partnership Lot 5, Aspen Meadows Specially Planned Area. We
have consented to the preparation by Joseph Wells Land Planning
of the attached extension request for the residential Growth
Management Quota System approvals and vested rights granted for
this lot under Ordinance l4, Series 1991.
During the processing of this application, the Aspen
Institute will be represented by Gideon Kaufman. Please contact
Gideon at 925-8166 en our behalf if you have any questions or
need additional information.
Very truly yours,
ASPY.. STITUTE
By ,\
-Gfdeon Kaufman
:/
GKjcc
ASPEN/PITKIN
COMM1JNITY DEVELOPl\1ENT DEPARTMENT
A~reement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and 5av.;;:JI1c9?: 1c~;-!ec!~IHGq!uj=
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for ()
61-'((( s 8;( ceAN1" ~ -t- 10 Ir 5 j? C-, Arf41 ~~J ;;;6 .
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 68 (Series of 1994) establishes a fee structure for Planning 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 iI 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.
SENT BY:SAVANAH LTD PARTNER
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5: 19PM ;
3039254387~
310 821 7188;# 4
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CITY OF ASPE.~
APPLICANT
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Sta'ft' lauson
Community Development Director Date:
Mailing Address:
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2
Exhibit A
386863 B-798
,SILVIA DAVIS
P-54 10/30/95 02:52P PG 1 O~ -4
PITKIN COUNTY CLERK & RECORDER
REC
21. 00
DOC
NC
ORDINANCE 38
(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, AND AGAIN BY ORDINANCE NO. 10,
SERIES OF 1995, FOR THREE TOWNHOMES ON LOT 5 AND SEVEN TOWNHOMES
ON LOT 6 OF THE ASPEN MEADOWS SUBDIVISION, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
WHEREAS, pursuant to Section 24-8-108 of the Aspen Municipal
Code, City Council may grant an extension of GMQS allocations up
to six months for developments other than detached residential and
duplex units; and
WHEREAS, on June 10, 1991, City Council adopted Ordinance No.
14, Series of 1991, which approved the Aspen Meadows Specially
Planned Area Final Development Plan and included residential GMQS
allocations; and
)
WHEREAS, the GMQS development allotments included the
construction of 10 townhomes on two parcels, Lots 5 and 6; and
WHERE~S, the development allotments expire on the day after
the third anniversary of the date the GMQS allocations, or other
development approvals, have been awarded; and
WHEREAS, council has granted two prior six-month extensions
which extended the GMQS allocation and vested rights to June 19,
1995; and
WHEREAS, the applicant, Savanah Limited Partnership, has
requested another six (6) month extension of the GMQS allocations
for Lots 5 and 6 of the Aspen Meadows Subdivision; and
WHEREAS, the applicant also requests an extension of vested
\
rights status, to coincide with the GMQS allocation extension; and
1
38.6863
8-798 P-55
10/30/95 02:52P PG 2
OF- -'+
-j
WHEREAS, the Planning Office, having reviewed the application
recommends approval of a six (6) month extension of the GMQS
allotments and vested rights approved in ordinance 14, Series of
/
1991; and
WHEREAS, the Aspen City Council, having considered the
Planning Office's recommendation for the GMQS extension, does wish
to grant another extension for six (6) months and extend vested
rights status finding that the Aspen Institute requires more time
to finalize purchase of Lot 5 without jeopardizing the option
contract, Savanah requests to re-examine the affordable housing
mitigation requirement which has increased significantly since the
1991 approval, and avoiding campus disruption as a result of summer
construction activity is in the best interest of the community.
)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
section 1:
Pursuant to section 24-8-108 of the Municipal Code, City Council
aoes hereby grant the applicant another six (6) month extension of
the ./.990 Residential GMQS allocation approved by Ordinance 14,
Series of 1991, and extended by Ordinance No. 22, Series of 1994
and No. 10, Series of 1995, for Lots 5 and 6 of the Aspen Meadows
SUbdivision beginning June 19, 1995, and ending December 19, 1995
with the following conditions:
1. The applicant shall review, with the Parks
landscape plan that was approved with the Meadows
plan and confirm that the plan is in compliance.
not in compliance, the applicant shall correct all
September 29, 1995. Failure to comply with this
render this extension invalid.
Department, the
SPA development
If the Plan is
deficiencies by
condition shall
2. The applicant shall excavate the pedestrian/bike trail to the
top of the slope on Lot 6, as required in the insubstantial
amendment to the Aspen Meadows Lots 5 and 6, to be completed by
October 3l, 1995.
)
2
,
386863
8-798 P-56'~' 10/30/95 02:52P PG 3
OF'-4
3. The applicant shall replace the non-functioning trail lights
along old Meadows Road by September 29, 1995.
4. The six (6) month extension shall begin at the date of
expiration of the pr~vious 6 month extension which is June 19, 1995
and expire on December 19, 1995.
section 2:
Pursuant to Section 24-6-207 of the Municipal code, City council
does hereby grant the applicant an extension of vested rights
status for the site specific development plan for Lots 5 and 6 of
the Aspen Meadows Subdivision as approved by Ordinance 14, Series
of 1991 and amended by Planning Office memo dated March 16, 1995,
with the following conditions:
1. The extension of vested rights shall be for six months to
December 19, 1995.
2. The rights granted by the site specific development plan
approved by this Ordinance and the insubstantial ame-s.'t
shall remain vested for a total of four years and six mon~ns
from June 20, 1991, which was approved by Ordinance No. 14,
Series and insubstantially amended. However, any failure to
abide by the terms and conditions attendant to this approval
shall result in forfeiture of said vested property rights.
')
3 .
The approval granted hereby shall be subject to all rights of
referendum and judicial review.
4. Nothing in the approvals provided in this Ordinance shall
exempt the site specific development plan from subsequent
reviews and or approvals required by this Ordinance or the
general rules, regulations or ordinances or the City provided
that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
5. The establishment herein of a vested property right shall not
preclude the application of ordinances or regulations which
are general in nature and are applicable to all property
SUbject to land use regulation by the city of Aspen including,
but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condition of this site
development approval, the developer shall abide by any and
all such building, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in writing.
Section 3:
The City Clerk shall cause notice of this Ordinance to be published
in a newspaper of general circulations within the city of Aspen no
later than fourteen (14) days following final adoption hereof.
3
386863
8-798 P-57' 10/30/95 02:52P PG 4
OF.,.
.) Section 4:
If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any rea~on held invalid or unconstitutional
by any court of competent. jurisdiction, such provision and such
holding shall not affect .the validity of the remaining portions
thereof.
section 5:
This Ordinance shall not affect any existing litigation and shall
not operate as an abatement of any action or proceeding now pending
under or by virtue of the ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 6:
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
/41
of the city of Aspen on the 1/ day of
, 1995.
9 Lv /~""-<4 .--'1'
Joh . Bennett, Mayor
ATTEST:
~,. ~IN~~LY, adopted,
~1995.
passed and approved this c::(1f day of
A
~~ (J~N:;zt
John Bennett, Mayor
city Clerk
4
Exhibit B
MEMORANDUM
TO:
THRU:
FROM:
DATE:
RE:
Dave Michaelson, Community Development
George Robinson, Parks Director
Rebecca Baker, Parks Department
January 12, 1996
Aspen Meadows GMQS Extension
We have reviewed the application for a GMQS extension by the Aspen Meadows and
have the following comments:
1.) A. Background (pg. 4) - the applicant states the SPA agreement included
language regarding the scheduling of construction for the pedestrian trails and
bridge. We will continue to work with the Institute and Savannah to complete
the construction of the trail from the old Meadows Rd. to the new bridge, and
schedule the construction so as to be sensitive their campus programs and
activities. However, coordination is vital and there may be some need for
compromise and cooperation during construction to ensure that any possible
disruption would be minimized instead of extended or interrupted. Aspen has a
very limited construction season, as the Meadows are aware, and sometimes
compromise is necessary to complete a project. Staff has been working with
Ferd Belz and Stryker Brown Architects to coordinate trail design and
scheduling of construction for both the townhomes and the trail.
2.) B.(b.) Extension ofGMOS Expiration for Lots 5 & 6 - There are approximately
15-20 more trees that need to be planted along the Meadows Rd. This can be a
condition for final approvals. The other tree mitigation's for the project have
been met. The only other tree issue is the Aspen trees that were planted in the
trail easement by the Meadows restaurant. The relocation of these tree will be
the responsibility of the Meadows, including any costs to relocate, and must be
done prior to trail construction.
A final comment on the application relates to the short section of trail by the restaurant.
It has been discussed with the applicant that if the City is prepared to do trail construction
prior to the townhouse construction and the trail is constructed, any damage to the trail
will be the responsibility of the Meadows to restore the trail to its original conditional, at
their cost and meet City standards. It is still possible, however, that this section of trail
will be coordinated with the townhouse construction and we will continue to coordinate
this section with the Meadows.
Exhibit C
ORDINANCE 6
(SERIES OF 1996)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH EXTENSION
OF THE 1990 RESIDENTIAL GMQS ALLOTMENTS AND VESTED RIGHTS GRANTED BY
ORDINANCE NO. 14, SERIES OF 1991, AND EXTENDED BY ORDINANCE NO. 22, SERIES OF
1994, AND EXTENDED BY ORDINANCE NO. 10, SERIES OF 1995, AND EXTENDED BY
ORDINANCE 38, SERIES OF 1995 FOR THREE TOWNHOMES ON LOT 5 AND SEVEN
TOWNHOMES ON LOT 6 OF THE ASPEN MEADOWS SUBDMSION, CITY OF ASPEN,
PITKIN COUNTY, COLORADO.
WHEREAS, pursuant to Section 24-8-108 of the Aspen Municipal Code, City Council may grant
an extension of GMQS allocations up to six months for developments other than detached residential and
duplex units; and
WHEREAS, on June 10, 1991, City Council adopted Ordinance No. 14, Series of 1991, which
approved the Aspen Meadows Specially Planned Area Final Development Plan and included residential
GMQS allocations; and
WHEREAS, the GMQS development allotments included the construction of 10 townhomes on
two parcels, Lots 5 and 6; and
WHEREAS, the development allotments expire on the day after the third anniversary of the date
the GMQS allocations, or other development approvals, have been awarded; and
WHEREAS, Council has granted three prior six-month extensions which extended the GMQS
allocation and vested rights to December 19, 1995; and
WHEREAS, the applicant, Savanah Limited Partnership, has requested another six (6) month
extension of the GMQS allocations for Lots 5 and 6 of the Aspen Meadows Subdivision; and
WHEREAS, the applicant also requests an extension of vested rights status, to coincide with the
GMQS allocation extension; and
1
WHEREAS, the Planning Office, having reviewed the application recommends approval of a six
(6) month extension of the GMQS allotments and vested rights approved in Ordinance 14, Series of 1991;
and
WHEREAS, the Aspen City Council, having considered the Planning Office's recommendation for
the GMQS extension, does wish to grant another extension for six (6) months and extend vested rights
status finding that the Aspen Institute requires more time to resolve legal issues and fmalize purchase of Lot
5 without jeopardizing the option contract, Savanah requests to re-examine the affordable housing
mitigation requirement which has increased significantly since the 1991 approval, and avoiding campus
disruption as a result of summer construction activity is in the best interest of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1:
Pursuant to Section 24-8-108 of the Municipal Code, City Council does hereby grant the applicant another
six (6) month extension of the 1990 Residential GMQS allocation approved by Ordinance 14, Series of
1991, extended by Ordinance No. 22, Series of 1994, No. 10, Series of 1995, and No. 38, Series of 1995 for
Lots 5 and 6 of the Aspen Meadows Subdivision beginning December 19, 1995, and ending June 19, 1996
with the following conditions:
I. The applicant shall excavate the pedestrian/bike trail to the top of the slope on Lot 6, as required in the
insubstantial amendment to the Aspen Meadows Lots 5 and 6, to be completed by October 31, 1996.
2. The applicant shall eliminate the non-functioning trail lights along old Meadows Road by June I, 1996.
subject to approval by the Pedestrian and Bikeway Committee.
3. The applicant shall plant approximately 15-20 more trees along Meadows Road, consistent with the
approved landscape plan. This shall be completed by July I, 1996. In addition, the applicant is responsible
for the relocation of several Aspen trees that have been planted in the trail easement by July I, 1996.
4. The six (6) month extension shall begin at the date of expiration of the previous 6 month extension which
is December 19, 1996 and expire on June 19, 1996.
2
Section 2:
Pursuant to Section 24-6-207 of the Municipal code, City Council does hereby grant the applicant an
extension of vested rights status for the site specific development plan for Lots 5 and 6 of the Aspen
Meadows Subdivision as approved by Ordinance 14, Series of 1991 and amended by Planning Office memo
dated March 16, 1995, with the following conditions:
I. The extension of vested rights shall be for six months to June 19, 1996.
2. The rights granted by the site specific development plan approved by this Ordinance and the
insubstantial amendment shall remain vested for a total of five year from June 21, 1991, which was
approved by Ordinance No. 14, Series and insubstantially amended. However, any failure to abide
by the terms and conditions attendant to this approval shall result in forfeiture of said vested
property rights.
3. The approval granted hereby shall be subject to all rights of referendum and judicial review.
4. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan
from subsequent reviews and or approvals required by this Ordinance or the general rules,
regulations or ordinances or the City provided that such reviews or approvals are not inconsistent
with the approvals granted and vested herein.
5. The establishment herein of a vested property right shall not preclude the application of ordinances
or regulations which are general in nature and are applicable to all property subject to land use
regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condition of this site development approval, the developer
shall abide by any and -all such building, fire, plumbing, electrical and mechanical codes, unless an
exemption therefrom is granted in writing.
Section 3:
The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation
within the City of Aspen no later than fourteen (14) days following final adoption hereof.
Section 4:
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect
the validity of the remaining portions thereof.
Section 5:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or
proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and
the same shall be conducted and concluded under such prior ordinances.
3
/"'-;,
--~
Section 6:
A public hearing on the Ordinance shall be held on the 22nd day of January, 1996 at 5:00 P.M. in the City
Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public
notice of the same shall be published one in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the
City of Aspen on the
day of
,1996.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this
day of
,1996.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
4
"
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-
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-
Joseph Wells
Joseph Wells, Alep
Land Planning and Design
December 18, 1995
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 John Sarpa or Ferd Belz at 925-4272 or me if you have any
questions or need additional information.
Joseph Wells, AICP
602 i\1idbnd Park Place
Aspen, ColorJdo 81611
Telephone (303) 925-8080
facsimile (303) 925-827-;
"""'
-
"
-
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 and the Aspen Institute (the
"Parties"). The Parties request an additional extension of six months in the
expiration of the growth management allocations for the three multi-family units
approved by the City on Lot 5 (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.
Over the course of the last eighteen months, Savanah has been working closely with
the Aspen Institute and with third parties to try to develop a co-development
scenario which will better serve the Institute's long-term needs for additional
housing for its participants. An option contract was finalized between the two
parties in March of this year for the purchase of Lot 5 by the Aspen Institute. The
Institute, now that it has Lot 5 under contract, has been trying to determine how to
proceed with acquiring and constructing the Trustee Houses in a way which will
avoid disrupting the cultural and academic programs at the Meadows. Savanah, in
turn, has been awaiting a decision by the Institute in this regard.
Moreover, in April of this year, both Lots 5 and 6 were included in a Notice of Lis
Pendens recorded by Mohammad A. Hadid in connection with a lawsuit filed by
him against principals of Savanah Limited Partnership. Savanah has vigorously
defended against the suit at considerable expense to it, and on November 15, 1995,
the trial court ordered the Lis Pendens removed, Mr. Hadid's legal counsel stated in
open court that he intends to appeal the court's order. Savanah is advised by its
legal counsel that under the law the Lis Pendens remains in place pending a
decision on appeal. The practical effect of the recorded presence of the Lis Pendens is
that, through no fault of its own, Savanah is, and for the past 6 months has been,
utterly incapable of doing anything with respect to the Properties - i,e., either selling,
developing or financing them. Needless to say, the Parties have been unable to
conclude the Institute's option to purchase Lot 5 and, until the Lis Pendens is
actually removed, the Parties have been effectively precluded from devising a
program for the development of the Properties that causes the least amount of
disruption to the cultural programs at The Meadows,
1
.-.
-,
-
-
Although Mr. Hadid has announced publicly that he is prepared to release Lot 5
from the litigation so that the Institute may proceed with its purchase, nonetheless
no such release has yet occurred. Thus, requiring that the building permits be
obtained at the present time would jeopardize the Institute's ability to acquire Lot 5,
In addition to the problems created by the pending litigation, it was recently brought
to Savanah's attention that changes to the window layouts for the Tennis
Townhomes will require a review by the HPC to amend the prior approval.
Previously, the Architects had discussed these changes with the Planning Office and
were under the impression that these relatively minor changes would not require
further review, HPC review of the changes is presently schedule to occur on
January 24,1996.
A. Background:
Under the provisions of Sec. 8-108(A)(2), development allotments and all other
development approvals are deemed to expire on the day after the third anniversary
of the project's final development approval, unless a building permit is obtained
and the project is developed, or unless an extension of the approval is obtained.
The approvals are now scheduled to expire on December 19, 1995 1.
In March 1994, 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, for scheduling
reasons, Savanah needed to postpone commencement of construction of the seven
new townho,use 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
1 Sec. 6-207(c) of the Code provides that in those matters in which the Council has final approval,
that approval shall be by ordinance. A site specific development plan shall be deemed approved on
the "effective date" of the approving ordinance. The effective date of Ordinance 14/91, under which
the Oty 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, Ordinance 10/95 and Ordinance 38/95, Oty Council granted
extensions of six months each; the approvals are now due to expire on December 19, 1995.
2
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-~
~-
of an extension in the date of expiration of the GMQS allocations and vested rights
for these residential projects from June 21, 1994 to December 21, 1994.
Subsequent to the granting of the extension, some unforeseen zoning issues arose
with regard to these two projects as a result of City zoning staff review of the
pending building permit applications. These issues prompted Savanah, in October
1994, to seek two administrative amendments to the prior SPA approval. The
Planning staff reached a decision regarding these two administrative amendments
as documented in their March 16, 1995 memo. In the meantime, pending a
resolution of the proposed amendments, Savanah was granted a second extension
to June 19, 1995.
The Parties were granted a third extension to December 19, 1995 (see Ordinance
38/95, attached as Exhibit A) after the Aspen Institute entered into the option
contract to purchase Lot 5 to allow additional time to plan the phasing of
construction by the two separate organizations,
It remains a goal of the Parties to minimize the disruption on the summer
programs of the non-profit organizations by starting construction of the two projects
at different times and by undertaking the most disruptive stages of construction
during the off-season. This will also allow the Parties to maintain the availability of
the seven existing trustee houses as rental units for the use of the participants of the
non-profit programs for as long as possible. Starting the two projects at separate
times will also ease the problems of construction staging in the relatively
constrained area remaining at the Meadows. In the prior extension requests,
Savanah acknowledged an interest in pursuing staggered construction of the two
projects,
Savanah and the Aspen Institute request 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.
3
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--
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 (the Parties' response to these conditions follows
each condition):
(a) Those conditions applied to the project at the time of its final approval
which were to have been met as of the date of application for exemption have
been complied with [Sec. 8-108(A)(2)(a)].
To the best of the Parties' knowledge, all of the conditions which were applied
to the Project under the SPA Agreement have been complied with,
(b) Any improvements which were required to be installed by the
applicant prior to construction of the project have been installed [Sec. 8-
l08(A)(2)(b)].
All of the improvements which were required to be installed under the SPA
Agreement have now been completed, including the planting of additional
cottonwood street trees along Meadows Road and some additional cleanouts
that the City requested be added to the irrigation system.
(c) The project has been diligently pursued in all reasonable respects, and
the extension is in the best interests of the community [Sec. 8-108(A)(2)(c)).
Despite the fact that actual construction of the new residential units 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.
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
4
/.......
""......
,-
~.,.....
Agreement, The project infrastructure is in place and most of the new and
renovated facilities are now complete.
Savanah has diligently pursued building permits for the two projects which
are the subject of this request and has worked closely with City staff to resolve
unforeseen zoning issues, The parties have been unable to proceed with the
projects because of the pending litigation. Savanah and the Aspen Institute
believe that the additional extension is clearly in the best interests of the
community,
In summary, Savanah and the Aspen Institute 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) as well as vested rights for the two
projects for a period not to exceed six additional months. This extension is
requested in order to allow Savanah additional time to resolve the pending
litigation and to amend its approval by the HPC. The extension will also allow the
Institute additional time to finalize its purchase of Lot 5 as soon as Lot 5 is dropped
from the litigation.
5
SA V ANAH LIMITED PARTNERSHIP
444 Washington Boulevard
Marina Del Rey, CA 90292
tel: (310) 821-9899/ tel: (310) 821-7188
December 13, 1995
11r. Stan Clauson
Director of Community Development, City of Aspen
130 S. Galena Street
Aspen, CO 81611
Dear 11r. Clauson:
I am writing to you on behalf of Savanah Limited Partnership, owner of Lots 5 and 6, Aspen
Meadows Speciality Planned Area. Savanah has authorized the preparation by Joseph Wells Land
Planning of the attached extension request 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 John Sarpa, Ferdinand
Belz and Joseph Wells. Please contact John or Ferd at 925.4272 or Joe at 925.8080 if you have
any questions or need additional information.
R.
P t
Aspen Ente ational
Managing General Partner
cc: John Sarpa
Ferd Belz
Joseph Wells
,.>
,.........
",",..",'
,/
BROOKE A. PETERSON
GIDEON I. KAUFMAN.
ERIN L FERNANDEZ..
LAW OFFICES OF
KAUFMAN & PETERSON, P.C.
315 EAST HYMAN AVENUE
ASPEN,COLORADO 81611
TELEPHONE
(970) 925-Bl66
FACSIMILE
(970) 925-1090
ROBYN J. MYLER -..
. ALSO ADMITTED IN MARYLAND
November 29, 1995
- ALSO AOMITTI!:D IN rLORIOA
- AlSO ADMITTED IN NEW YORK
AND CONNECTICUT
Mr. stan Clauson
Director of Community Development
City of Aspen
130 South Galena
Aspen, Colorado 81611
Dear Mr. Clauson:
I am writing to you to confirm that the Aspen Institute is
presently under contract to purchase from Savannah Limited
Partnership Lot 5, Aspen Meadows Specially Planned Area. We
have consented to the preparation by Joseph Wells Land Planning
of the attached extension request for the residential Growth
Management Quota System approvals and vested rights granted for
this lot under Ordinance 14, Series 1991.
During the processing of this application, the Aspen
Institute will be represented by Gideon Kaufman. Please contact
Gideon at 925-8166 en our behalf if you have any questions or
need additional information.
Very truly yours,
GKlcc
/"......
/-,.,
.......
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Aereement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and 5~V.;;JHe>h lc~;ied~lHrJ1fr
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for ()
(!?!1qs 8A(~~ ~ /off 5 ~c"1 ~(4 ~Jdw6.
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 68 (Series of 1994) establishes a fee structure for Planning 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.
SENT BY:SAVANAH LTD PARTNER ;12-12-95; 6:19PM:
3039254387"
310 821 7188:# 4
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S. Ther fore, APPLICANT agrees that in consideration of the CITY's
waiver of its ri t to collect full fees prior to a determination of application
completeness, ~PLICANT shall pay an initial deposit in the amount of S
which is for _ ours of Planning staff time, and if actual recorded costs exceed
the initial deposit APPLICANT shall pay additional mon~y billings to CITY to
reimburse the CITY for the processini of the application mentioned above,
including post approval review. Such periodic payments shall be made within 30
days of the billiDI date. APPLICANT further agrees that failure to pay such
accrued C<lS~ 1 b. &rounds for ~SpensiOll of processm..
CITY OF ASpql APPLICANT
Date: c;. r
By:
S .' lauson
Community DtiveJopment Director
I
Mailing Address:
2
Exhibit A
,r'",
386863 B-798
SILVIA DAVIS
P-54-' 10/30/95 02:52P PG
PITKIN COUNTY CLERK &
-
1 OF 4
RECORDER
REC
21. 00
DOC
NC
-,
)
ORDINANCE 38
(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, AND AGAIN BY ORDINANCE NO. 10,
SERIES OF 1995, FOR THREE TOWNHOMES ON LOT 5 AND SEVEN TOWNHOMES
ON LOT 6 OF THE ASPEN MEADOWS SUBDIVISION, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
WHEREAS, pursuant to Section 24-8-108 of the Aspen Municipal
Code, city Council may grant an extension of GMQS allocations up
to six months for developments other than detached residential and
duplex units; and
WHEREAS, on June 10, 1991, city council adopted Ordinance No.
14, Series of 1991, which approved the Aspen Meadows Specially
Planned Area Final Development Plan and included residential GMQS
allocations; and
)
WHEREAS, the GMQS development allotments included the
construction of 10 townhomes on two parcels, Lots 5 and 6; and
WHEREAS, the development allotments expire on the day after
the third anniversary of the date the GMQS allocations, or other
development approvals, have been awarded; and
WHEREAS, Council has granted two prior six-month extensions
which extended the GMQS allocation and vested rights to June 19,
1995; and
WHEREAS, the applicant, Savanah Limited Partnership, has
requested another six (6) month extension of the GMQS allocations
for Lots 5 and 6 of the Aspen Meadows Subdivision; and
WHEREAS, the applicant also requests an extension of vested
)
rights status, to coincide with the GMQS allocation extension; and
1
386863
B-798
r.'
P-5~ 1'"/3'''
'- ~ ~/95 02:52P PG 2
.--,
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."
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WHEREAS, the Planning Office, having reviewed the application
recommends approval of a six (6) month extension of the GMQS
allotments and vested rights approved in Ordinance 14, Series of
,
1991; and
WHEREAS, the Aspen City council, having considered the
Planning Office's recommendation for the GMQS extension, does wish
to grant another extension for six (6) months and extend vested
rights status finding that the Aspen Institute requires more time
to finalize purchase of Lot 5 without jeopardizing the option
contract, Savanah requests to re-examine the affordable housing
mitigation requirement which has increased significantly since the
1991 approval, and avoiding campus disruption as a result of summer
constr.uction activity is in the best interest of the community.
)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
section 1:
Pursuant to section 24-8-108 of the Municipal Code, city Council
does hereby grant the applicant another six (6) month extension of
the 1990 Residential GMQS allocation approved by Ordinance 14,
Series of 1991, and extended by Ordinance No. 22, Series of 1994
and No. 10, Series of 1995, for Lots 5 and 6 of the Aspen Meadows
Subdivision beginning June 19, 1995, and ending December 19, 1995
with the following conditions:
1. The applicant shall review, with the Parks Department, the
landscape plan that was approved with the Meadows SPA development
plan and confirm that the plan is in compliance. If the Plan is
not in compliance, the applicant shall correct all deficiencies by
September 29, 1995. Failure to comply with this condition shall
render this extension invalid.
2. The applicant shall excavate the pedestrian/bike trail to the
top of the slope on Lot 6, as required in the insubstantial
amendment to the Aspen Meadows Lots 5 and 6, to be completed by
October 31, 1995.
)
2
386863
,,-.
B-798 P-5~ 10/30/95 02:52P PG ~
/","
01"""'4
3. The applicant shall replace the non-functioning trail lights
along old Meadows Road by September 29, 1995.
4. The six (6) month extension shall begin at the date of
expiration of the prTvious 6 month extension which is June 19, 1995
and expire on December 19, 1995.
section 2:
Pursuant to section 24-6-207 of the Municipal code, City council
does hereby grant the applicant an extension of vested rights
status for the site specific development plan for Lots 5 and 6 of
the Aspen Meadows Subdivision as approved by Ordinance 14, Series
of 1991 and amended by Planning Office memo dated March 16, 1995,
with the following conditions:
1. The extension of vested rights shall be for six months to
December 19, 1995.
2. The rights granted by the site specific development plan
approved by this Ordinance and the insubstantial amendr,e:ct
shall remain vested for a total of four years and six months
from June 20, 1991, which was approved by Ordinance No. 14,
Series and insubstantially amended. However, any failure to
abide by the terms and conditions attendant to this approval
shall result in forfeiture of said vested property rights.
)
3.
The approval granted hereby shall be subject to all rights of
referendum and judicial review.
4. Nothing in the approvals provided in this Ordinance shall
exempt the site specific development plan from subsequent
reviews and or approvals required by this Ordinance or the
general rules, regulations or ordinances or the City provided
that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
5. The establishment herein of a vested property right shall not
preclude the application of ordinances or regulations which
are general in nature and are applicable to all property
subject to land use regulation by the City of Aspen including,
but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condition of this site
development approval, the developer shall abide by any and
all such building, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in writing.
Section 3:
The City Clerk shall cause notice of this Ordinance to be published
in a newspaper of general circulations within the City of Aspen no
later than fourteen (14) days following final adoption hereof.
3
356863
--
B-798 P-5~ 10/30/95 02:52P PG 4
-
oF"-"fl
.') Section 4:
If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reapon held invalid or unconstitutional
by any court of competent, jurisdiction, such provision and such
holding shall not affect .the validity of the remaining portions
thereof.
section 5:
This Ordinance shall not affect any existing litigation and shall
not operate as an abatement of any action or proceeding now pending
under or by virtue of the ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such
prior ordinances.
section 6:
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.
)
the city of Aspen on the
as provided
/1
by law, by the
INTRODUCED, READ AND ORDERED PUBLISHED
caouncil of
(lylut-t
(J
day of
, 1995.
~ tv /~~-
Joh Bennett, Mayor
ATTEST:
~,. ~IN~~LY' adopted,
~1995.
passed and approved this o:(({ day of
~ IJ ~h'>' J;6
John Bennett, Mayor
)
och, city Clerk
4
!"'''......
'-1\.SPEN/PITKIN PLANNING OFFIC~""
130 S. Galena Street
Aspen, Colorado 81611
(970) 920-5090 FAX# (970) 920-5439
January 2, 1996
Joe Wells
602 Midland Park Place
Aspen, CO 81611
Re: Aspen Meadows (Lots 5 & 6) GMQS Extension
Case Al 10-95
Dear Joe,
The Planning Office has completed its preliminary review of the captioned application. We have
determined that this application is complete.
We have scheduled this application for 1st Reading before the Aspen City Council on Monday,
January 22, 1996 at a meeting to begin at 5:00 p.m. Second Reading and Public Hearing will be on
February 12, 1996. Should these dates be inconvenient for you, please contact me within 3 working
days of the date of this letter. After that the agenda dates will be considered final and changes to
the schedule or tabling of the application will only be allowed for unavoidable technical problems.
The Friday before the meeting dates, we will call to inform you that a copy of the memo pertaining
to the application is available at the Planning Office.
If you have any questions, please call Dave Michaelson, the planner assigned to your case, at 920-
5100.
Sincerely,
\ .., ()
,'.. ~ l J\:,,,t~ d -<----
c
SuzanHe L. Wolff
Administrative Assistant
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ASPENIPITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5090 FAX (970) 920-5439
MEMORANDUM
TO:
City Attorney
Parks
FROM:
Dave Michaelson, Planner
RE:
Aspen Meadows GMQS Extension
Parcel ill No. 2735-122-31-00 I &003
DATE:
January 2, 1996
Attached for your review and comments is an application submitted by Savanah Limited
Partnership.
Please return your comments to me no later than January 12, 1996.
Thank you.
-
.......
-
VI" b
i"'''..'.....
MEMORANDUM
THRU:
Amy Margerum, city Manage
Direct~
TO:
Mayor and Council
THRU:
stan Clauson, Community Development
FROM:
Dave Michaelson, Planner
DATE:
January 22, 1996
RE:
Aspen Meadows Residential GMQS and Vested Rights
Extension Request - First Reading Ordinance ~, series
of 1996
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY: Savanah Limited Partnership have requested another six
month extension to their 1990 GMQS allotment and vested rights
status for the development of 10 townhomes on Lots 5 and 6 of the
Aspen Meadows Specially Planned Area.
This request would extend the allocation and the vested rights to
June 19, 1996. The application is attached as Exhibit A.
Staff recommends
allocation and
conditions.
approval of a six (6) month extension of the GMQS
the extension of vested rights status, with
The last extension Ordinance (Ordinance 38, Series of 1995) is
included in Exhibit A. A referral memo from the Parks Department
is attached a Exhibit B, and and Ordinance ~, Series of 1996 is
attached as Exhibit C.
APPLICANT:
Savanah Limited Partnership, represented by Joe Wells
BACKGROUND: Council approved the 1990 GMQS allocation for 10 new
townhomes on Lots 5 and 6 as part of the Aspen Meadows Specially
Planned Area development approval. The SPA was approved in early
1991. The GMQS allocations were due to expire June 21, 1994. In
April of 1994, Savanah requested a six month extension on the GMQS
and vested rights for Lots 5 and 6. Council granted the extension.
The applicants again requested an extension in December which
extended the allocations and vested rights status to June 19, 1995.
Finally, Council granted an additional extension (Ordinance 38,
Series of 1995) to December 19, 1996.
On December 18, 1995 the applicant submitted a request for an
additional extension. City policy has been that if an application
1
-
....""',
-~
-
for an extension is received before the expiration date of the
vested rights, City Council will consider the request as timely
filed even though the matter is scheduled by City Council for
consideration after the expiration date.
When Council granted the extension to June of 1995, Mayor Bennett
remarked that he hoped this was the last extension request. The
applicant responded that another extension may be requested for two
reasons:
to try and get on a fall construction schedule so as not
to conflict with summer programs; and/or
to split the project into two different projects.
since 1994, the applicants have been working closely with the Aspen
Insti tute and other third parties to develop a co-development
scenario in order to provide additional housing for the Institute.
An option contract was finalized in April of 1995 for the purchase
of Lot 5 by the Aspen Institute. At the same time, both Lots 5 and
6 were included in a Notice of Lis Pendens recorded by Mohammad A.
Hadid in connection with a lawsuit filed by him against principals
of Savannah Limited Partnership.
On November 15, 1995, the trial court ordered the Lis Pendens
removed, however Mr. Hadid's legal council stated in open court
that he will appeal the court's order. Savanah's legal counsel has
indicated that under the law the Lis Pendens remains in place
pending a decision on appeal. The practical effect of the recorded
presence of the Lis Pendens is that Savanah is prohibited from
selling, developing or financing either Lots 5 or 6 until the Lis
Pendens is removed. Although Mr. Hadid has indicated publicly that
he is prepared to release Lot 5 from litigation. no such release
has occurred.
Staff has requested that the applicant's attorney be available to
answer legal questions regarding the Lis Pendens at the public
hearing before Council.
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
of project approval, unless a building permit is obtained and the
project is developed, or unless an exemption from or extension of
the approval is obtained.
For developments other than a subdivision, an application for
extension shall be submitted prior to the third anniversary of the
date of approval of a site specific development plan which shall
demonstrate to the satisfaction of city council that:
2
~,""',
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-
(a) Those conditions applied to the project at the time of its
final approval which were to have been met a. of the date of
application for exemption have been complied with; and
RESPONSE: All improvements associated with the SPA agreement and
conditions of approval of subsequent extensions have been
completed. Two conditions relative to the extension granted by
Ordinance 38, Series of 1995 have not been completed. The
applicants were required to excavate the pedestrian/bike trail to
the top of slope on Lot 6, as required in the insubstantial
amendment to the Aspen Meadows Lots 5 and 6, to be completed by
October 31, 1995. This has not been completed due to no
construction on these lots, as well as the current legal
difficulties. Staff has included a revised condition, which is
supported by Parks staff.
In addition, The applicant was required to replace the non-
functioning trail lights along old Meadows Road by September 29,
1995. Based on conversations with Parks Department staff, it was
decided to eliminate these lights entirely. Staff has revised a
this condition to require that all hardware be removed by June 1,
1996.
(b) Any improvements which were required to be installed by the
applicant prior to construction of the project have been installed;
RESPONSE: All the improvements which were required under the SPA
Agreement have been completed. Although construction has not begun
for Lots 5 and 6, the applicant shall be required to mitigate any
construction damage to Aspen Meadows Road and a 1" to 1.5" overlay
is required when the construction is complete.
Although the construction of the new units and the renovation of
the existing townhomes has not begun, utilities have been installed
and road upgrades completed. Parks Department staff have reviewed
the project (see Exhibit B), and have indicated that 15-20
additional trees need to be planted along Meadows Road. All other
mitigation has been met. Parks did note that Aspen trees have been
planted in the trail easement by the Meadows Restaurant, and the
relocation will be the applicants responsibility.
(c) The project has been diligently pursued in all reasonable
respects, and the extension is in the best interest of the
community.
RESPONSE: Staff notes that this is the fourth extension requested
by the applicant. At the same time, the filing of Lis Pendens does
place significant legal constraints on the development of the
property, and represents a delay outside of the control of the
applicant. The applicants have expended considerable funds for
road construction, installation of utilities and landscaping in
3
-
#',,",
-
.~....,
anticipation of the proposed project.
RECOMMENDATION: Staff recommends approval for a final six (6)
month extension, with the explicit understand in, that no further
extensions shall be granted for reasons beyond unforeseeable legal
circumstances specific to the Lis Pendens. Staff recommends that
the extension for the 1990 Residential GMQS allocation and the
extension of vested rights for Lots 5 and 6 of the Aspen Meadows
Subdivision be approved and amended in the Aspen Meadows Specially
Planned Area development plan with the following conditions:
1. The applicant shall excavate the pedestrian/bike trail to the
top of the slope on Lot 6, as required in the insubstantial
amendment to the Aspen Meadows Lots 5 and 6, to be completed by
October 31, 1996.
2. The applicant shall remove the non-functioning trail lights
along old Meadows Road by June 1, 1996, subject to approval by the
Pedestrian and Bikeway Committee.
3. The applicant shall plant approximately 15-20 more trees along
Meadows Road, consistent with the approved landscape plan. This
shall be completed by July 1, 1996. In addition, the applicant is
responsible for the relocation of several Aspen trees that have
been planted in the trail easement by July 1, 1996.
4. The six (6) month extension shall begin at the date of
expiration of the previous 6 month extension which is December 19,
1995 and expire on June 19, 1996.
RECOMMENDED MOTION: "I move to read Ordinance 0, series of 1996,
which extends the 1990 Residential GMQS allocation and vested
rights status for Lots 5 and 6 of the Aspen Meadows Specially
Planned Area from December 19, 1995 to June 19, 1996."
"I move to approved Ordinance ~, Series of 1996, on first
reading."
CITY MANAGER'S COMMENTS:
ordinance~, Series of 1996
EXHIBITS:
Exhibit A - Extension Request
Exhibit B - Referral Comments from Parks Department
Exhibit C - Ordinance ~, Series of 1996
4
-
~
--../
-
Joseph Wells
Joseph Wells, AIep
Land Planning and Design
June 8, 1995
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 John Sarpa or Ferd Belz at 925-4272 or me if you have any
questions or need additional information.
Sincerely yours,
~l.
.... . v'"
6/ I,~
.........
Joseph Wells, AICP
602 Midland Park Place
A'ipen, Colorado 81611
Telephone (303) 925.8080
Facsimile (303) 925-8275
---.
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TO:
,
--- ''''T ~S
~~^Io I~
MEHORAND~~,~ A
~/)~.5 ' ~~
Mayor and Council 4~~ ~(j~"G; '/
Amy Margerum, City Manager ~~
stan Clauson, Community Development
"-'
THRU:
J
Ch
Director ',2.-.-
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THRU:
FROM:
Dave Michaelson, Planner
DATE:
January 22, 1996
RE: Aspen Meadows Residential GMQS and Vested Rights
Extension Request - First Reading Ordinance ~, Series
::.f 1996 (Pt::i.-/8 /tjllS;10 ::1"U4=. ''''1, IQL10
2 - ~I.u, 2-/z-'11,
===========-==-==~=====-=========================================
SUMMARY: Savanah Limited Partnership have requested another six
month extension to their 1990 GMQS allotment and vested rights
status for the development of 10 townhomes on Lots 5 and 6 of the
Aspen Meadows Specially Planned Area.
~
This request would extend the allocation and the vested rights to
June 19, 1996. The application is attached as Exhibit A.
Staff recommends
allocation and
conditions.
approval of a six (6) month extension of the GMQS
the extension of vested rights status, with
The last extension Ordinance (Ordinance 38, Series of 1995) is
included in Exhibit A. A referral memo from the Parks Department
is attached a Exhibit B, and and Ordinance E>, Series of 1996 is
attached as Exhibit C. ---
APPLICANT:
Savanah Limited Partnership, represented
::P~ ~~t:-
by Joe Wells
BACKGROUND: Council approved the 1990 GMQS allocation for 10 new
townhomes on Lots 5 and 6 as part of the Aspen Meadows Specially
Planned Area development approval. The SPA was approved in early
1991. The GMQS allocations were due to expire June 21, 1994. In
April of 1994, Savanah requested a six month extension on the GMQS
and vested rights for Lots 5 and 6. Council granted the extension.
The applicants again requested an extension in December which
extended the allocations and vested rights status to June 19, 1995.
Finally, Council granted an addit0' al extension (Ordinance 38,
Series of 1995) to December 19, 19 t.
s
On December 18, 1995 the applicant submitted a request for an
additional extension. City policy has been that if an application
1
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,.,
......
...,."
for an extension is received before the expiration date of the
vested rights, city council will consider the request as timely
filed even though the matter is scheduled by city council for
consideration after the expiration date.
When Council granted the extension to June of 1995, Mayor Bennett
remarked that he hoped this was the last extension request. The
applicant responded that another extension may be requested for two
reasons:
to try and get on a fall construction schedule so as not
to conflict with summer programs; and/or
to split the project into two different projects.
since 1994, the applicants have been working closely with the Aspen
Insti tute and other third parties to develop a co-development
scenario in order to provide additional housing for the Institute.
An option contract was finalized in April of 1995 for the purchase ~
of Lot 5 by the Aspen Institute. At the same time, both Lots 5 and
6 were included in a Notice of Lis Pendens recorded by Mohammad A.
Hadid in connection with a lawsuit filed by him against principals
of Savannah Limited Partnership.
On November 15, 1995, the trial court ordered the Lis Pendens
removed, however Mr. Hadid's legal council stated in open court ~'
that he will appeal the court's order. Savanah' s legal counsel has ~'l<y
indicated that under the law the Lis Pendens remains in plac C<...' '\
pending a decision on appeal. The practical effect of the recorde ,~~
presence of the Lis Pendens is that Savanah is prohibited from
selling, developing or financing either Lots 5 or 6 until the Lis
Pendens is removed. Al though Mr. Hadid has indica ted publicly that
he is prepared to release Lot 5 from litigation, no such release
has occurred.
Staff has requested that the applicant's attorney be available to
answer legal questions regarding the Lis Pendens at the public
hearing before council.
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
of project approval, unless a building permit is obtained and the
project is developed, or unless an exemption from or extension of
the approval is obtained.
For developments other than a subdivision, an application for
extension shall be submitted prior to the third anniversary of the
date of approval of a site specific development plan which shall
demonstrate to the satisfaction of city council that:
2
RESPONSE: All improvements associated with the SPA agreement and
conditions of approval of subsequent exten~ions have been
completed. Two conditions relative to the extension granted by
Ordinance 38, Series of 1995 have not been completed. The '" '\.:,
applicants were required to excavate the pedestrian/bike trail to ~,
the top of slope on Lot 6, as required in the insubstantial <, >.
amendment to the Aspen Meadows Lots 5 and 6, to be completed bY~.
October 31, 1995. This has not been completed due to no ':;,3
construction on these lots, as well as the current legal,~
difficulties. Staff has included a revised condition, which is,~/
supported by Parks staff. ;, ~.
" .\
4- ". ,~
~n
~y<
~\
\:
~.
~
~ .
(a) Those conditions applied to the project at the time of its
final approval which were to have been met as of the date of
application for exemption have been complied with; and
In addition, The applicant was required to replace the non-
functioning trail lights along old Meadows Road by September 29,
1995. Based on conversations with Parks Department staff, it was
decided to eliminate these lights entirely. Staff has revised a
this condition to require that all hardware be removed by June 1,
1996. p.",Jc>".l~ ^ F'h=v'f.>t.. \"!.'{ 1"'e; ]'>~-rYZ.,O.,J ~ [3II(ElW"r G6","'i'fr~
(b) Any improvements which were required to be installed by the
applicant prior to construction of the project have been installed;
RESPONSE: All the improvements which were required under the SPA
Agreement have been completed. Although construction has not begun
for Lots 5 and 6, the applicant shall be required to mitigate any
construction damage to Aspen Meadows Road and a 1" to 1.5" overlay
is required when the construction is complete.
Although the construction of the new units and the renovation of
the existing townhomes has not begun, utilities have been installed
and road upgrades completed. Parks Department staff have reviewed
the project (see Exhibit B), and have indicated that 15-20
additional trees need to be planted along Meadows Road. All other
mitigation has been met. Parks did note that Aspen trees have been
planted in the trail easement by the Meadows Restaurant, and the
relocation will be the applicants responsibility.
(c) The project has been diligently pursued in all reasonable
respects, and the extension is in the best interest of the
community.
RESPONSE: Staff notes that this is the fourth extension requested
by the applicant. At the same time, the filing of Lis Pendens does
place significant legal constraints on the development of the
property, and represents a delay outside of the control of the
applicant. The applicants have expended considerable funds for
road construction, installation of utilities and landscaping in
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anticipation of the proposed project.
RECOMMENDATION: Staff recommends approval for a final six (6)
month extension, with the explicit understanding that no further
extensions shall be granted for reasons beyond unforeseeable legal
circumstances specific to the Lis Pendens. Staff recommends that
the extension for the 1990 Residential GMQS allocation and the
extension of vested rights for Lots 5 and 6 of the Aspen Meadows
Subdivision be approved and amended in the Aspen Meadows Specially
Planned Area development plan with the following conditions:
1. The applicant shall excavate the pedestrian/bike trail to the
top of the slope on Lot 6, as required in the insubstantial
amendment to the Aspen Meadows Lots 5 and 6, to be completed by
October 31, 1996.
2. The applicant shall remove the non-functioning trail lights
along old Meadows Road by June 1, 1996, subject to approval by the
Pedestrian and Bikeway Committee.
3. The applicant shall plant approximately 15-20 more trees along
Meadows Road, consistent with the approved landscape plan. This
shall be completed by July 1, 1996. In addition, the applicant is
responsible for the relocation of several Aspen trees that have
been planted in the trail easement by July 1, 1996.
4. The six (6) month extension shall begin at the date of
expiration of the previous 6 month extension which is December 19,
1995 and expire on June 19, 1996.
RECOMMENDED MOTION: "I move to read Ordinance ~, Series of 1996,
which extends the 1990 Residential GMQS allocation and vested
rights status for Lots 5 and 6 of the Aspen Meadows Specially
Planned Area from December 19, 1995 to June 19, 1996."
"I move to approved Ordinance -,-, Series of 1996, on first
reading."
CITY MANAGER'S COMMENTS:
Ordinance
, Series of 1996
EXHIBITS:
Exhibit A - Extension Request
Exhibit B - Referral Comments from Parks Department
Exhibit C - Ordinance Series of 1996
4
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Exhibit C
'''.. .
ORDINANCE
(SERIES OF 1996)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH
EXTENSION OF THE 1990 RESIDENTIAL GMQS ALLOTMENTS AND VESTED RIGHTS
GRANTED BY ORDINANCE NO. 14, SERIES OF 1991, AND EXTENDED BY
ORDINANCE NO. 22, SERIES OF 1994, AND EXTENDED BY ORDINANCE NO. 10,
SERIES OF 1995, AND EXTENDED BY ORDINANCE 38, SERIES OF 1995 FOR
FOR THREE TOWNHOMES ON LOT 5 AND SEVEN TOWNHOMES ON LOT 6 OF THE
ASPEN MEADOWS SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, pursuant to Section 24-8-108 of the Aspen Municipal
Code, City Council may grant an extension of GMQS allocations up
to six months for developments other than detached residential and
duplex units; and
WHEREAS, on June 10, 1991, city council adopted Ordinance No.
14, Series of 1991, which approved the Aspen Meadows Specially
Planned Area Final Development Plan and included residential GMQS
allocations; and
WHEREAS, the GMQS development allotments included the
construction of 10 townhomes on two parcels, Lots 5 and 6; and
WHEREAS, the development allotments expire on the day after
the third anniversary of the date the GMQS allocations, or other
development approvals, have been awarded; and
WHEREAS, Council has granted three prior six-month extensions
which extended the GMQS allocation and vested rights to December
19, 1995; and
WHEREAS, the applicant, Savanah Limited Partnership, has
requested another six (6) month extension of the GMQS allocations
for Lots 5 and 6 of the Aspen Meadows Subdivision; and
WHEREAS, the applicant also requests an extension of vested
rights status, to coincide with the GMQS allocation extension; and
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WHEREAS, the Planning Office, having reviewed the application
recommends approval of a six (6) month extension of the GMQS
allotments and vested rights approved in Ordinance 14, Series of
1991; and
WHEREAS, the Aspen City Council, having considered the
Planning Office's recommendation for the GMQS extension, does wish
to grant another extension for six (6) months and extend vested
rights status finding that the Aspen Institute requires more time
to resolve legal issues and finalize purchase of Lot 5 without
jeopardizing the option contract, Savanah requests to re-examine
the affordable housing mitigation requirement which has increased
significantly since the 1991 approval, and avoiding campus
disruption as a result of summer construction activity is in the
best interest of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
section 1:
Pursuant to section 24-8-108 of the Municipal Code, City Council
does hereby grant the applicant another six (6) month extension of
the 1990 Residential GMQS allocation approved by Ordinance 14,
Series of 1991, extended by ordinance No. 22, Series of 1994, No.
10, Series of 1995, and No. 38, Series of 1995 for Lots 5 and 6
of the Aspen Meadows Subdivision beginning December 19, 1995, and
ending June 19, 1996 with the following conditions:
1. The applicant shall excavate the pedestrian/bike trail to the
top of the slope on Lot 6, as required in the insubstantial
amendment to the Aspen Meadows Lots 5 and 6, to be completed by
October 31, 1996.
2. The applicant shall eliminate the non-functioning trail lights
along old Meadows Road by June 1, 1996. subject to approval by the
Pedestrian and Bikeway Committee.
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3. The applicant shall plant approximately 15-20 more trees along
Meadows Road, consistent with the approved landscape plan. This
shall be completed by July 1, 1996. In addition, the applicant is
responsible for the relocation of several Aspen trees that have
been planted in the trail easement by July 1, 1996.
4. The six (6) month extension shall begin at the date of
expiration of the previous 6 month extension which is December 19,
1996 and expire on June 19, 1996.
Section 2:
Pursuant to Section 24-6-207 of the Municipal code, City Council
does hereby grant the applicant an extension of vested rights
status for the site specific development plan for Lots 5 and 6 of
the Aspen Meadows Subdivision as approved by Ordinance l4, Series
of 1991 and amended by Planning Office memo dated March 16, 1995,
with the following conditions:
1. The extension of vested rights shall be for six months to
June 19, 1996.
2. The rights granted by the site specific development plan
approved by this Ordinance and the insubstantial amendment
shall remain vested for a total of five year from June 21,
1991, which was approved by Ordinance No. 14, Series and
insubstantially amended. However, any failure to abide by the
terms and conditions attendant to this approval shall result
in forfeiture of said vested property rights.
3. The approval granted hereby shall be subject to all rights of
referendum and judicial review.
4. Nothing in the approvals provided in this Ordinance shall
exempt the site specific development plan from subsequent
reviews and or approvals required by this Ordinance or the
general rules, regulations or ordinances or the city provided
that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
5. The establishment herein of a vested property right shall not
preclude the application of ordinances or regulations which
are general in nature and are applicable to all property
subject to land use regulation by the City of Aspen including,
but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condition of this site
development approval, the developer shall abide by any and
all such building, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in writing.
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section 3:
The City Clerk shall cause notice of this Ordinance to be published
in a newspaper of general circulations within the city of Aspen no
later than fourteen (14) days following final adoption hereof.
section 4:
If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such provision and such
holding shall not affect the validity of the remaining portions
thereof.
section 5:
This Ordinance shall not affect any existing litigation and shall
not operate as an abatement of any action or proceeding now pending
under or by virtue of the ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such
prior ordinances.
section 6:
A public hearing on the Ordinance shall be held on the
day of , 1996 at 5:00 P.M. in the city council Chambers, Aspen
city Hall, Aspen Colorado, fifteen (15) days prior to which hearing
a public notice of the same shall be published one in a newspaper
of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen on the
day of
, 1996.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, city Clerk
FINALLY, adopted, passed and approved this
day of
, 1996.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, city Clerk
4
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Exhibit A
'...~.....
Joseph Wells
Joseph \X"dls,\ICP
l.Jnd Planning and Design
December 18, 1995
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 John Sarpa or Ferd Belz at 925-4272 or me if you have any
questions or need additional information.
?incczely yours,
//~;1fi~
/ ///// Joseph Wells, AICP
i __/
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b02 \fidbnd P:.Jrk 11bce
Aspen" Co!(}r:.Jdo HI611
Telephone (303) 1)2=i-HOHO
F:.icsillllle 15()"~) ~2:;-,'jT=i
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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 and the Aspen Institute (the
"Parties"). The Parties request an additional extension of six months in the
expiration of the growth management allocations for the three multi-family units
approved by the City on Lot 5 (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.
Over the course of the last eighteen months, Savanah has been working closely with
the Aspen Institute and with third parties to try to develop a co-development
scenario which will better serve the Institute's long-term needs for additional
housing for its participants. An option contract was finalized between the two
parties in March of this year for the purchase of Lot 5 by the Aspen Institute. The
Institute, now that it has Lot 5 under contract, has been trying to determine how to
proceed with acquiring and constructing the Trustee Houses in a way which will
avoid disrupting the cultural and academic programs at the Meadows. Savanah, in
turn, has been awaiting a decision by the Institute in this regard.
Moreover, in April of this year, both Lots 5 and 6 were included in a Notice of Lis
Pendens recorded by Mohammad A. Hadid in connection with a lawsuit filed by
him against principals of Savanah Limited Partnership. Savanah has vigorously
defended against the suit at considerable expense to it, and on November 15, 1995,
the trial court ordered the Lis Pendens removed. Mr. Hadid's legal counsel stated in
open court that he intends to appeal the court's order. Savanah is advised by its
legal counsel that under the law the Lis Pendens remains in place pending a
decision on appeal. The practical effect of the recorded presence of the Lis Pendens is
that, through no fault of its own, Savanah is, and for the past 6 months has been,
utterly incapable of doing anything with respect to the Properties - i.e., either selling,
developing or financing them. Needless to say, the Parties have been unable to
conclude the Institute's option to purchase Lot 5 and, until the Lis Pendens is
actually removed, the Parties have been effectively precluded from devising a
program for the development of the Properties that causes the least amount of
disruption to the cultural programs at The Meadows.
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Although Mr. Hadid has announced publicly that he is prepared to release Lot 5
from the litigation so that the Institute may proceed with its purchase, nonetheless
no such release has yet occurred. Thus, requiring that the building permits be
obtained at the present time would jeopardize the Institute's ability to acquire Lot 5.
In addition to the problems created by the pending litigation, it was recently brought
to Savanah's attention that changes to the window layouts for the Tennis
Townhomes will require a review by the HPC to amend the prior approval.
Previously, the Architects had discussed these changes with the Planning Office and
were under the impression that these relatively minor changes would not require
further review. HPC review of the changes is presently schedule to occur on
January 24,1996,
A. Background:
Under the provisions of Sec. 8-108(A)(2), development allotments and all other
development approvals are deemed to expire on the day after the third anniversary
of the project's final development approval, unless a building permit is obtained
and the project is developed, or unless an extension of the approval is obtained.
The approvals are now scheduled to expire on December 19, 1995 1.
In March 1994, 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, for scheduling
reasons, Savanah needed to postpone commencement of construction of the seven
new townhouse units on Lot 6 until the fall of 1994 and then begin renovation and
enlargement of the Trustee Houses and construction of the three new units on Lot 5
in the fall of 1995. Therefore, Savanah previously requested and received approval
1 Sec. 6-207(c) of the Code provides that in those matters in which the Council has final approval,
that approval shall be by ordinance. A site specific development plan shall be deemed approved on
the "effective date" of the approving ordinance. The effective date of Ordinance 14/91, under which
the City granted Final SPA Development Plan approval to the Aspen Meadows, was five business days
after the date of publication of the ordinance following its approval on June 10; in other words, the
effective date of the ordinance was June 20,1991. Therefore, the GMQS allocations and vested rights
for the two multi-family residential projects in the Aspen Meadows SPA were originally due to expire
on June 21, 1994. Under Ordinance 22/94, Ordinance 10/95 and Ordinance 38/95, City Council granted
extensions of six months each; the approvals are now due to expire on December 19, 1995.
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of an extension in the date of expiration of the GMQS allocations and vested rights
for these residential projects from June 21, 1994 to December 21, 1994.
Subsequent to the granting of the extension, some unforeseen zoning issues arose
with regard to these two projects as a result of City zoning staff review of the
pending building permit applications. These issues prompted Savanah, in October
1994, to seek two administrative amendments to the prior SPA approvaL The
Planning staff reached a decision regarding these two administrative amendments
as documented in their March 16, 1995 memo. In the meantime, pending a
resolution of the proposed amendments, Savanah was granted a second extension
to June 19, 1995.
The Parties were granted a third extension to December 19, 1995 (see Ordinance
38/95, attached as Exhibit A) after the Aspen Institute entered into the option
contract to purchase Lot 5 to allow additional time to plan the phasing of
construction by the two separate organizations.
It remains a goal of the Parties to minimize the disruption on the summer
programs of the non-profit organizations by starting construction of the two projects
at different times and by undertaking the most disruptive stages of construction
during the off-season. This will also allow the Parties to maintain the availability of
the seven existing trustee houses as rental units for the use of the participants of the
non-profit programs for as long as possible. Starting the two projects at separate
times will also ease the problems of construction staging in the relatively
constrained area remaining at the Meadows. In the prior extension requests,
Savanah acknowledged an interest in pursuing staggered construction of the two
projects.
Savanah and the Aspen Institute request 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.
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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 (the Parties' response to these conditions follows
each condition);
(a) Those conditions applied to the project at the time of its final approval
which were to have been met as of the date of application for exemption have
been complied with [Sec. 8-108(A)(2)(a)].
To the best of the Parties' knowledge, all of the conditions which were applied
to the Project under the SPA Agreement have been complied with.
(b) Any improvements which were required to be installed by the
applicant prior to construction of the project have been installed [Sec. 8-
l08(A)(2)(b)].
All of the improvements which were required to be installed under the SPA
Agreement have now been completed, including the planting of additional
cottonwood street trees along Meadows Road and some additional cleanouts
that the City requested be added to the irrigation system.
(cl The project has been diligently pursued in all reasonable respects, and
the extension is in the best interests of the community [Sec. 8-108(A)(2)(c)].
Despite the fact that actual construction of the new residential units 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.
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
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Agreement. The project infrastructure is in place and most of the new and
renovated facilities are now complete.
Savanah has diligently pursued building permits for the two projects which
are the subject of this request and has worked closely with City staff to resolve
unforeseen zoning issues, The parties have been unable to proceed with the
projects because of the pending litigation. Savanah and the Aspen Institute
believe that the additional extension is clearly in the best interests of the
community.
In summary, Savanah and the Aspen Institute 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) as well as vested rights for the two
projects for a period not to exceed six additional months. This extension is
requested in order to allow Savanah additional time to resolve the pending
litigation and to amend its approval by the HPC. The extension will also allow the
Institute additional time to finalize its purchase of Lot 5 as soon as Lot 5 is dropped
from the litigation.
5
SA V ANAH LlMITED PARTNERSHIP
444 Washington Boulevard
Marina Del Rey, CA 90292
tel: (310) 821-9899/ tel: (310) 821-7188
December 13, 1995
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 Speciality Planned Area. Savanah has authorized the preparation by Joseph Wells Land
Planning of the attached extension request for the reside:1.tial Growth Management Quota System
approvals and vested rights granted for these lots under Ordinance 14, Series of 199 I.
During the processing of this application, Savanah will :;e represented by John Sarpa, Ferdinand
Belz and Joseph Wells. Please contact John or Ferd at 925.4272 or Joe at 925.8080 if you have
any questions or need additional information.
R.
t
Aspen Ente ational
Managing General Partner
cc: John Sarpa
Ferd Belz
Joseph Wells
,I",,",
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BROOKE A. PETERSON
GIDEON I. KAUFMAN'
ERIN L. F'ERNANDEZ ..
LAW OFFICES OF
KAUFMAN & PETERSON, P.C.
315 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
TELEPHONE
(970) 925-8166
FACSIMILE
(970) 925.1090
ROBYN J. MYLER ...
. ALSO AOMln[D IN MARYlAND
November 29, 1995
- AI.$O ADMITT[D IN 'LDRtDA
- ALSO AOMITT[D IN N[WI YORK
ANO CONN[CTtCUT
Mr. stan Clauson
Director of Community Development
City of Aspen
130 South Galena
Aspen, Colorado 8161l
Dear Mr. Clauson:
I am writing to you to confirm that the Aspen Institute is
presently under contract to purchase from Savannah Limited
Partnership Lot 5, Aspen Meadows Specially Planned Area. We
have consented to the preparation by Joseph Wells Land Planning
of the attached extension request for the residential Growth
Management Quota System approvals and vested rights granted for
this lot under Ordinance 14, Series 1991.
During the processing of this application, the Aspen
Institute will be represented by Gideon Kaufman. Please contact
Gideon at 925-8166 en our behalf if you have any questions or
need additional information.
Very truly yours,
Kaufman
GKj cc
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTl\tIENT
Al:reement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and 5aV.;:J/fDh 1c~;iedk?rIH{}q!a;=
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT ha~ submit;ed to CITY an application for (/
6i-'!{(S 6(~vfW'v7 --Iv !off ':) f~, ~(41 ~~J6v6.
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 68 (Series of 1994) establishes a fee structure for Planning 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.
SENT BY:SAVANAH LTD PARTNER
I
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; 12-12-35
6: 19PM ;
3039254367"
310 621 7166;# 4
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5, Therbfore, 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 an initial deposit in the amount of S
which is for _ hours of Planning staff time, and if actual recorded costs exceed
the initial depositj APPLICA.,.'IT 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 biIlinig date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing,
! ,
i
CITY OF ASPE.~
APPLICANT
By: ~ ..
S . lauson ,
Community Development Director
Date:
Mailing Address;
2
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Exhibit A
386863 8-798
SILVIA DAVIS
'-.j
P-54 10/30/95 02:52P PG 1 OF 4
PITKIN COUNTY CLERK & RECORDER
ORDINANCE 38
(SERIES OF 1995)
REC
21. 00
DOC
NC
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH
EXTENSION OF THE 1990 RESIDENTIAL GMQS ALLOTMENTS AND VESTED RIGHTS
GRANTED BY ORDINANCE NO. 14, SERIES OF 1991, AND EXTENDED BY
ORDINANCE NO. 22, SERIES OF 1994, AND AGAIN BY ORDINANCE NO. 10,
SERIES OF 1995, FOR THREE TOWNHOMES ON LOT 5 AND SEVEN TOWNHOMES
ON LOT 6 OF THE ASPEN MEADOWS SUBDIVISION, CITY OF ASPEN, PITKIN
COUNTY, COLORADO.
WHEREAS, pursuant to section 24-8-108 of the Aspen Municipal
Code, City Council may grant an extension of GMQS allocations up
to six months for developments other than detached residential and
duplex units; and
WHEREAS, on June 10, 1991, city council adopted Ordinance No.
14, Series of 1991, which approved the Aspen Meadows Specially
Planned Area Final Development Plan and included residential GMQS
allocations; and
)
WHEREAS, the GMQS development allotments included the
construction of lO townhomes on two parcels, Lots 5 and 6; and
WHERE~S, the development allotments expire on the day after
the third anniversary of the date the GMQS allocations, or other
development approvals, have been awarded; and
WHEREAS, Council has granted two prior six-month extensions
which extended the GMQS allocation and vested rights to June 19,
1995; and
WHEREAS, the applicant, Savanah Limited Partnership, has
requested another six (6) month extension of the GMQS allocations
for Lots 5 and 6 of the Aspen Meadows Subdivision; and
WHEREAS, the applicant also requests an extension of vested
I
rights status, to coincide with the GMQS allocation extension; and
1
386863
B-798
,-,,^,
p_,="C. 1 '"1-'''
~~'- ~ ~~/95 02:52P PG 2
"
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--)
WHEREAS, the Planning Office, having reviewed the application
recommends approval of a six (6) month extension of the GMQS
allotments and vested rights approved in Ordinance 14, Series of
,
1991; and
WHEREAS, the Aspen city Council, having considered the
Planning Office's recommendation for the GMQS extension, does wish
to grant another extension for six (6) months and extend vested
rights status finding that the Aspen Institute requires more time
to finalize purchase of Lot 5 without jeopardizing the option
contract, Savanah requests to re-examine the affordable housing
mitigation requirement which has increased significantly since the
1991 approval, and avoiding campus disruption as a result of summer
construction activity is in the best interest of the community.
)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
section 1:
Pursuant to section 24-8-108 of the Municipal code, City Council
aoes hereby grant the applicant another six (6) month extension of
the ., ')90 Residential GMQS allocation approved by Ordinance l4,
Series of 1991, and extended by Ordinance No. 22, Series of 1994
and No. 10, Series of 1995, for Lots 5 and 6 of the Aspen Meadows
Subdivision beginning June 19, 1995, and ending December 19, 1995
with the following conditions:
1. The applicant shall review, with the Parks Department, the
landscape plan that was approved with the Meadows SPA development
plan and confirm that the plan is in compliance. If the Plan is
not in compliance, the applicant shall correct all deficiencies by
September 29, 1995. Failure to comply with this condition shall
render this extension invalid.
2. The applicant shall excavate the pedestrian/bike trail to the
top of the slope on Lot 6, as required in the insubstantial
amendment to the Aspen Meadows Lots 5 and 6, to be completed by
October 31, 1995.
)
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386863
B-798 P-56~'10/30/95 02:52P PG 3
OF~t;
3. The applicant shall replace the non-functioning trail lights
along old Meadows Road by September 29, 1995.
4. The six (6) month extension shall begin at the date of
expiration of the pr~vious 6 month extension which is June 19, 1995
and expire on December 19, 1995.
section 2:
Pursuant to Section 24-6-207 of the Municipal code, City council
does hereby grant the applicant an extension of vested rights
status for the site specific development plan for Lots 5 and 6 of
the Aspen Meadows Subdivision as approved by Ordinance 14, Series
of 1991 and amended by Planning Office memo dated March 16, 1995,
with the following conditions:
1. The extension of vested rights shall be for six months to
December 19, 1995.
2. The rights granted by the site specific development plan
approved by this Ordinance and the insubstantial ame- -
shall remain vested for a total of four years and six mCDCC"S
from June 20, 1991, which was approved by Ordinance No. 14,
Series and insubstantially amended. However, any failure to
abide by the terms ~nd conditions attendant to this approval
shall result in forfeiture of said vested property rights.
')
3 .
The approval granted hereby shall be subject to all righ~s of
referendum and judicial review.
4. Nothing in the approvals provided in this Ordinance shall
exempt the site specific development plan from subsequent
reviews and or approvals required by this Ordinance or the
general rules, regulations or ordinances or the City provided
that such reviews or approvals are not inconsistent wi~h the
approvals granted and vested herein.
5. The establishment herein of a vested property right shall not
preclude the application of ordinances or regulations which
are general in nature and are applicable to all property
subject to land use regulation by the city of Aspen including,
but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condition of this site
development approval, the developer shall abide by any and
all such building, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in writing.
Section 3:
The City Clerk shall cause notice of this Ordinance to be published
in a newspaper of general circulations within the City of Aspen no
later than fourteen (14) days following final adoption hereof.
3
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~ ''II"
386863
B-798 P-57'- 10/30/95 02:52P PG 4
oF""-r,
) Section 4:
If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any rea,son held invalid or unconstitutional
by any court of competent, jurisdiction, such provision and such
holding shall not affect .the validity of the remaining portions
thereof.
section 5:
This Ordinance shall not affect any existing litigation and shall
not operate as an abatement of any action or proceeding now pending
under or by virtue of the ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such
prior ordinances.
section 6:
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.
\
Ca Council of
UC)re.L-a-!
(/
the City of Aspen on the
provided
I/.l
II
by law, by the
INTRODUCED, READ AND ORDERED PUBLISHED as
day of
, 1995.
~ Lv !7~-
Joh Bennett, Mayor
ATTEST:
~ FINALLY, adopted,
r1995.
passed and approved this 0"{8" day of
~lt- (J~. .-.-;1;0
John Bennett, Mayor
)
4
Exhibit B
MEMORANDUM
TO:
THRU:
FROM:
DATE:
RE:
Dave Michaelson, Community Development
George Robinson, Parks Director
Rebecca Baker, Parks Department
January 12, 1996
Aspen Meadows GMQS Extension
We have reviewed the application for a GMQS extension by the Aspen Meadows and
have the following comments:
1.) A. Background (pg. 4) - the applicant states the SPA agreement included
language regarding the scheduling of construction for the pedestrian trails and
bridge. We will continue to work with the Institute and Savannah to complete
the construction of the trail from the old Meadows Rd. to the new bridge. and
schedule the construction so as to be sensitive their campus programs and
activities. However, coordination is vital and there may be some need for
compromise and cooperation during construction to ensure that any possible
disruption would be minimized instead of extended or interrupted. Aspen has a
very limited construction season, as the Meadows are aware, and sometimes
compromise is necessary to complete a project. Staff has been working with
Ferd Belz and Stryker Brown Architects to coordinate trail design and
scheduling of construction for both the townhomes and the trail.
2.) B.(b.) Extension ofGMOS Expiration for Lots 5 & 6 - There are approximately
15-20 more trees that need to be planted along the Meadows Rd. This can be a
condition for final approvals. The other tree mitigation's for the project have
been met. The only other tree issue is the Aspen trees that were planted in the
trail easement by the Meadows restaurant. The relocation of these tree will be
the responsibility of the Meadows, including any costs to relocate. and must be
done prior to trail construction.
A final comment on the application relates to the short section of trail by the restaurant.
It has been discussed with the applicant that if the City is prepared to do trail construction
prior to the townhouse construction and the trail is constructed. any damage to the trail
will be the responsibility of the Meadows to restore the trail to its original conditional. at
their cost and meet City standards. It is still possible, however, that this section of trail
will be coordinated with the townhouse construction and we will continue to coordinate
this section with the Meadows.
.
f"'"
-
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-
.
Joseph Wells
JOSL'ph \X'L,lIs. A1CP
LlIld Planning and Design
June 8, 1995
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 John Sarpa or Ferd Belz at 925-4272 or me if you have any
questions or need additional information.
Sincerely yours,
/. I /
't., .~\.///
~ '-\... / '-...
~
Joseph Wells, AICP
602 Midland Park Place
Aspen. Colorado 81611
Telephone (3031 92\.8080
Facsimile (303) 92)-8275
-
{
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"'.""
'-"
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 and the Aspen Institute (the
"Parties"). The Parties request an additional extension of six months in the
expiration of the growth management allocations for the three multi-family units
approved by the City on Lot 5 (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.
Over the course of the last year, Savanah has been working closely with the Aspen
Institute along with third parties to try to develop a co-development scenario which
will better serve the Institute's long-term needs for additional housing for its
participants. In fact, two separate contracts to develop the residential projects were
entered into during the last year but were terminated prior to closing. These two
negotiations covered a period of over three months and significantly delayed
progress toward construction. Despite these setbacks, Savanah has continued to
work with the Institute in this regard and an option contract has now been finalized
between the two parties for the purchase of Lot 5 by the Aspen Institute.
The Institute, now that it has Lot 5 under contract, is trying to determine how to
proceed with acquiring and constructing the Trustee Houses in a way which will
avoid disrupting the cultural and academic programs at the Meadows. Savanah, in
turn, is awaiting a decision by the Institute in this regard. It is important to
emphasize that the agreement between the Parties is an "Option to Purchase" which
the Institute will not be able to exercise until fall or early winter, Thus, requiring
that the building permits be obtained at the present time would jeopardize the
Institute's ability to acquire Lot 5.
The planning for the Meadows has always contemplated having only one of these
two projects under construction at one time because of the limited amount of space
available for staging in the area. While it would be possible to obtain building
permits for these projects and then delay construction for some period of time, once
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a permit has been obtained, a series of specific deadlines becomes established as a
result of the requirements of the Uniform Building Code. The parties do not
believe that triggering the rigid schedule specified under the building code is
desirable in this case, given the need to schedule construction around the programs
of the non-profit organizations and given the fact that the Institute is now acquiring
one of the parcels.
Savanah is also re-analyzing the affordable housing issue to determine whether
there might be an alternative which is both cost-effective and also a preferable
solution to the City to the payrnent-in-lieu approach called for under the original
approvals. Under the SPA Agreement, Savanah agreed to make a payrnent-in-lieu
equivalent to 16.60 full-time equivalent employees for the ten new multi-family
units. At the time the approvals were granted, the payment-in-lieu per employee
under the Housing Guidelines was $ 35,000,00 per employee. Savanah was therefore
anticipating a total payment for the ten units in the range of $ 581,000.00.
Under the current (May, 1995) Housing Guidelines, however, the payment-in-lieu
per employee has risen to $ 79,000.00 per employee and the total payment for the ten
units to $ 1,311,400.00. The increase in fees, while resulting from a desire on the part
of the City to have the fee more closely reflect the actual costs of producing housing,
has nonetheless had the effect of altering the original projections for the two
projects and prompted the need to re-examine alternative solutions.
A. Background:
Under the provisions of Sec, 8-108(A)(2), development allotments and all other
development approvals are deemed to expire on the day after the third anniversary
of the project's final development approval, unless a building permit is obtained
and the project is developed, or unless an extension of the approval is obtained.
The approvals are now scheduled to expire on June 19, 1995 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 14/91, under which
the City granted Final SPA Development Plan approval to the Aspen Meadows, was five business days
after the date of publication of the ordinance following its approval on June 10; in other words, the
effective date of the ordinance was June 20, 1991. Therefore, the GMQS allocations and vested rights
2
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/
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 and Ordinance 10/95, City Council granted extensions of six
months each; the approvals are now due to expire on June 19, 1995.
In March 1994, 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 mentioned elsewhere, 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 as Exhibit A).
Subsequent to the granting of the extension, some unforeseen zoning issues arose
with regard to these two projects as a result of City zoning staff review of the
pending building permit applications. These issues prompted Savanah, in October
1994, to seek two administrative amendments to the prior SPA approval. The
Planning staff reached a decision regarding these two administrative amendments
as documented in their March 16, 1995 memo, attached as Exhibit B. In the mean-
time, pending a resolution of the proposed amendments, Savanah was granted a
second extension to June 19, 1995 (see Ordinance 10/95, attached as Exhibit C).
The intent in requesting these extensions 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 through at least the 1995 summer season.
Starting the two projects at separate times will also ease the problems of
construction staging in the relatively constrained area remaining at the Meadows.
In the prior extension requests, Savanah acknowledged an interest in seeking
further extensions for the Trustee Houses to accomplish the staggered construction
of the two projects.
3
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"
,
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:
"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.....
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 and the Institute are unable to obtain from the City a further extension
in the time to obtain the building permits for these two projects, it will be necessary
for both Savanah and perhaps even the Aspen Institute to obtain building permits
for both townhouse projects and proceed with construction within the time
constraints spelled out in the building code. Once construction begins, it necessarily
needs to continue until the projects are completed. This would mean that some of
the most disruptive construction activities would probably occur this summer,
when the non-profit organizations' programs at the Meadows are underway; this is
a prospect that is not attractive to the Parties.
4
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"
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-""'-
Savanah and the Aspen Institute are 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 (the Parties' response to these conditions follows
each condition):
(a) Those conditions applied to the project at the time of its final approval
which were to have been met as of the date of application for exemption have
been complied with [Sec. 8-108(A)(2)(a)].
To the best of the Parties' knowledge, all of the conditions which were applied
to the Project under the SPA Agreement have been complied with.
(b) Any improvements which were required to be installed by the
applicant prior to construction of the project have been installed [Sec. 8-
l08(A)(2)(b)].
All of the improvements which were required to be installed under the SPA
Agreement have now been completed, including the planting of additional
cottonwood street trees along Meadows Road and some additional cleanouts
that the City requested be added to the irrigation system.
(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)).
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.
5
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"""""-
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 has worked closely with City staff to resolve
unforeseen zoning issues. Savanah and the Aspen Institute believe 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.
In summary, Savanah and the Aspen Institute 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) as well as vested rights for the two
projects for a period not to exceed six months. This extension is requested in order
to provide additional time to allow the Institute to finalize its purchase of
Lot 5 and to avoid jeopardizing the option contract, to allow Savanah to re-examine
the affordable housing issue and to avoid campus disruptions which would result
from starting construction during the summer academic season.
6
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SA V ANAH LIMITED PARTNERSIDP
444 Washington Blvd.
Marina del Rey, California 90292
(310) 821-9899 Phone
(310) 821-7188 Fax
June 6, 1995
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,
"
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,
AS ses International,
its Managing General Partner
ORB:yni
Enclosures
cc: Ferdinand Belz III
Joseph Wells
USERS\LBOAL\PAUL\WP\ORB\CLAUSON.606
.
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LAWUPFICRllm' '-'"
KAUFMAN & PETERSON, p.e;
111 UST KTMAN AVEHU[
A'~~NoCQLQAAOO 11611
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QIDEOlII, ICAY r""~ .
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:un. 6, 1995
Mr. Stan Clauson
Director of co~unity Oevelopment
City Of Aspen
130 S. Galena Street
Aapen, co 81611
a., .avanall Z.iIIUaG 'i~t:Il.t'.hlp LGt 5, lap.a K..IOW.
spea1.11J 11a1D14 aze.
Dear Mr. Claulon:
I am writing to you to conf1r~ that the Aspen Institute is
presGn~ly under con~~act to purcha.e.from Savanah Limited
Partnership Lot 5. Aspen Meadows speciallY Plan^ed Arel. We
have consented to the preparation ~y Jos.ph Wells ~"d Plan"in;
of the attached extension request fo~ the residential Growth
Management Quota system ap~rov.l. and vested rithts granted for
this lot under Ordinance 14, Serial of 1991.
burinq the processinq of this applicatlon, the Aspen
Instituto will ~. represented b~ aideon Kaufman. Please contact
l:ideon at 925-816fi.on our behalf if you havs any question. or
ne8Q additional information.
sincerely youn,
The Aspen In,titute
I)':
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Exhibit A
.-
,
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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
2
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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
3
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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
I
unconsti tutional 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
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",",J
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
I
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 ot~
day of
~
, 1994.
L(Y-",~
Joh Bennett, Mayor
Kathryn s.
FINALLY, adopted,
r ,1994.
passed and approved this
/3
day of
~4 r3~--
Johnennett, Mayor
Kathryn
)
5
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Exhibit B
..'"
--.-"",'
MEMORANDUM
FROM:
Stan Clauson, Director Community Development
Leslie Lamont, Deputy Director
TO:
RE: Aspen Meadows Insubstantial SPA Amendment for Minor
Amendments for Lots 5 & 6 of the Aspen Meadows finals SPA
Development Plan
DATE:
March 16, 1995
=----------------------------------------------------------------
SOHMARY: The applicants, Savanah Limited Partnership and Newfield
Entgrprises International Inc., seek to amend the Aspen Meadows
Fir..,l SPA Plan Lor Lots 5 & 6 to adjust a drainage easement on Lot
6 and average the individual sizes of several townhomes on Lot 5.
ZONING: Academic with SPA overlay
STAFF COMMENTS: The Aspen Meadows SPA plan was approved in 19
The approved plan included the development of 7 new townhomes on
Lot 6 and 3 new townhomes on Lot 5.
Lot 6: For Lot 6 a drainage easement was provided on the north
side of the parcel. The easement is 15 feet wide on the recorded
plat and defined as 20 feet wide on a recorded easement document.
In order to construct the 7 townhomes as was approved, including
the allowable floor areas, the applicant and staff have identified
two alternatives:
l. the written easement agreement is reduced to 15 feet wide;
or
2. the entire building footprint is shifted 5 feet to the
north.
Originally, the applicant proposed to adjust the north property
boundary by 5 feet to maintain the 20 foot drainage easement and
maintain the approved side yard setbacks.
After reviewing the drainage easement, the recorded easement
agreement and visiting the site, staff has concluded that the
recorded easement can be amended to reduce the width of the
easement to 15 feet. According to City documents the only
structure in the easement is for drainage purposes. It was also
discovered that the recorded easement document had not been
reviewed and signed by the City. Therefore the City has agreed to
the nullification of the street drainage easement. Specifically,
the Engineering Department believes that the easement indicated on
the plat is sufficient for future engineering purposes.
Staff objected to the lot line adjustment and/or the reduction of
the side yard setback on the north side of Lot 6 because any
reduction in the land area between the proposed townhomes and the
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public pedestrian trail easement would negatively impact the trail
by placing a solid wall of structure close to the trail. Staff has
recommended and the applicant has agreed, in exchange for reducing
the size of the drainage easement (nullifying the recorded
agreement) to excavate the site for the trail to the top of the
slope at the time that the excavation for the townbomes occurs.
Lot 5: When approved, the townhomes on Lot 5 were limited to a
maximum of 2,500 square feet of floor area per unit. For Lot 5
there are currently 8 townbomes on the site and 3 more units are
proposed to be added. Two units, 10 & 11, will be constructed on
the north side of the existing townbomes and unit 1 will be added
onto the south side of the structure. Significant renovations with
additional floor area will also occur on the existing 8 townbomes.
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Because of the topography and the method used to calculate floor
area ratio, unit 11 floor area calculations are greater than 2,500
square feet. Therefore the applicant has requested to average the
sizes of the townhomes for FAR calculation purposes to ensure that
the total FAR for the entire project is consistent with the
approved size of 2,500 square feet per unit.
Staff has reviewed the problem with the project architect and has
concurred that due to topographical constraints and the desire to
construct 3 new units that are compatible with the approved plans
and the historic integrity of the existing Beyer townbome design,
that the ability to average the floor area is necessary. In
reality, the size of three new townhomes does not change a~d the
total floor area of the project, which is 27,500, will not
increase.
In reviewing the renovations and new units proposed for Lot 5 for
this insubstantial amendment, staff expressed concern over the
massing of the western elevation and its relationship to the
topography. Because the slope falls off steeply at the north end
of the townhomes the last two units present a significant wall on
the slope and toward the public trail and open space below.
The architect, in response to staff's discussion, has proposed to
backfill the first two and last two units of the project as
depicted in the revised site plan January 25, 1995 attached to this
memo. In an additional effort to blend and contrast the new units
with the old units the architect has proposed to add wood shingle
siding onto units 1, 10, & 11 as also depicted on the site plan
attached to this memo.
Staff confirmed that the backfill will not impact the proposed
pedestrian/bike trail alignment. The Parks Department has
confirmed that the trail alignment that is recorded in Book 217,
Page 550 will not be impacted by the backfill on units 1, 2, 10 &
11.
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Pursuant
approved
provided
to section 24-7-804 E. an insubstantial amendment of an
SPA plan may be authorized by the Planning Director
that the amendment does not:
a.
change the use or character of the development;
RESPONSE: The character of the Aspen Meadows SPA is tourist/guest.
The reduction of the drainage easement to 15 feet on Lot 6 and
averaging the floor areas for Lot 6 will not compromise previous
approvals or the character of the Aspen Meadows.
b. increase by greater than 3% the overall coverage of
structures on the land;
RESPONSE: N/A._
c. substantially increase trip generation rates of the
proposed development, or the demand for public facilities;
RESPONSE: N/A.
d. reduce by greater than 3% the approved open space;
RESPONSE: N/A.
e. reduce by greater than l% the off-street parking and
loading space;
RESPONSE: N/A.
f. reduce in required pavement widths or rights-of-way for
streets and easements;
RESPONSE: N/A.
g. increase greater than 2% the approved gross leasable floor
area of commercial buildings;
RESPONSE: N/A.
i. create a change which is inconsistent with a condition or
representation of the proj ect I s original approval or which
requires granting of a further variation from the project's
approved use or dimensional requirements;
RESPONSE: The proposed changes are necessary to preserve the
original approvals.
RECOMMENDATION: Staff recommends approval of the nullification of
the 20 foot storm drainage easement for Lot 6 of the Aspen Meadows
Subdivision and the insubstantial amendment for the Aspen Meadows
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SPA to average the allowable floor areas for Lot 5 of the Aspen
Meadow Subdivision with the following conditions:
1. The applicant shall excavate the pedestrian/bike
alignment to the top of the slope, adjacent to Lot 6
excavation for development on Lot 6 is taking place.
trail
while
2. The total floor area for Lot 5 of the Aspen Meadows Subdivision
shall not exceed 27,500 square feet.
3. The applicant shall backfill units 1, 2, 10 & 11 to reduce the
perceived height of those units.
I hereby approve of the insubstantial amendment
to the final development of the Aspen Meadows
SPA pursuant to Section 24-7-804 of the
~~rect~~l~n~t: ;:velopment
Department
cc: Bill Drueding, Zoning Officer
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Exhibit C
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 EXTE~DED 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
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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
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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
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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
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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.
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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
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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
I~ 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
~ :;:;::;;;e ,:::Y
of Aspen on the /~
day of
John B~tt~1-;;:;:;r
ATTEST:
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passed and approved this / 3
FINALLY, adopted,
~ 1995.
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6
day of
John Q::t~:a~:;< -
'rd
Aspen/Pitkin Community
Development Department
130 South Galena Street
Aspen, Colorado 81611
(303) 920-5090 At ..A/"(
). 73'5 - \ X2-u '-"-'
-063
City Land Use Application Fees:
00113-63850-041 Deposit
-63855-042 Flat Fec
-63860-043 HPC
-63875-046 Zoning & Sign Permit
MRO] 1 Use Tax
f/o~o.(JO
County Land Use Application Fees:
00113-63800-033 Deposit
-63805-034 Flat Fee
-63820-037 Zoning
-63825-038 Board of Adjustment
Referral Fees:
00113-63810-035
00115-63340-163
00123-63340-190
00125-63340-205
00113-63815-036
County Engineer
City Engineer
Housing
Environmental Health
County Clerk
Sales:
00113-63830-039
-69000-145
County Code
Copy Fees
Other
Phone: