HomeMy WebLinkAboutcoa.lu.gm.720 E Cooper Ave.A68-97L . .�
,...�+ .,...l
ATi10450);7.10DIUal
TO: The Mayor and City Council
THRU: Amy Margerum, City Manager
John Worcester, City Attorney
Stan Clauson, Community Development Director
Julie Ann Woods, Deputy Planning Director
FROM: Mitch Haas, Planner
Oc- roa�l'i, OR-
DATE: �� Septembcr221; 49"
RE: Bell Mountain Lodge Extension of GMQS Allocations and Vested Rights
Parcel I.D. No. 2737 - 182 -27 -003, Second Reading of Ordinance No. ZL,
Series of 1997
SUMMARY: Bell Mountain Limited Liability Company (the applicant) is requesting
another six (6) month extension of their 1993 Lodge GMQS allocation and vested rights
status pursuant to Section 26.100.100. Approval of the applicant's request would extend the
Bell Mountain Lodge GMQS allocations and vested rights from August 22, 1998 to February
22, 1999. The applicant also requests that Council waive the land use application fee in
consideration of their continued willingness to cooperate with the City in studying
Independence Pass Plaza, a potential public /private development project. The GMQS
allotment and vested rights application is attached as Exhibit A.
Community Development staff recommends that the requested six (6) month extension of the
GMQS allocation and vested rights status for the Bell Mountain Lodge be approved; and the
land use application fee be waived.
APPLICANT: Bell Mountain Limited Liability Company, represented by Alan Richman
of Alan Richman Planning Services.
CURRENT STATUS OF INDEPENDENCE PASS PLAZA PROJECT: Economic and
Planning Systems of Berkeley, California has completed a draft financial analysis of the
Independence Pass Plaza development. They, along with Design Workshop, Inc. (DWI) and
Cottle Graybeal Yaw Architects, Ltd. (CGY) are under contract with the City to prepare the
urban design studies and fiscal analysis necessary for the proposal to be brought before the
City electorate. Final recommendations will be forthcoming.
BACKGROUND: A GMQS allocation of twenty -two (22) lodge units was awarded to
the Bell Mountain Lodge via Ordinance 3, Series of 1993 adopted on February 22, 1993.
The allocation was based on the accumulation of ten (10) lodge units from the 1992 GMQS
competition; ten (10) lodge units from the future 1993 GMQS competition; and two (2)
lodge units from the future 1994 GMQS competition. Vested rights were granted
retroactively to the project via Ordinance 37, Series of 1993, adopted on July 12, 1993. The
applicants have since been granted five (5) extensions of the GMQS allocation and vested
rights (see Exhibit A). The last extension of the GMQS allocation and vested rights is to
expire on August 22, 1998, five (5) years and six (6) months from the date they were
originally granted. The current request is for an extension of the GMQS allocation and
vested rights to February 22, 1999. The applicant explains their reasons for the current
request as follows (see Exhibit A):
"Almost immediately after the Bell Mountain Limited Liability Company
purchased this property in 1993, the Applicants agreed to work together with the
City as a partner in an effort to realize a joint public /private partnership to create
municipal parking beneath their property and the adjoining City Market and
Buckhorn Lodge properties. The Applicants remain interested in achieving a
project that can be of benefit to the community and that is economically viable.
The City has recently completed an urban design analysis of that project and is
also evaluating its economic implications. The Applicants continue to express
their willingness to working with the City in these endeavors.
The Applicants want to ensure that the timetable for their private development
options does not interfere with the potential for realizing this valuable
public /private partnership. Approval of this extension should give the City time
to complete its ongoing studies."
By approving this extension to February 22, 1999, further exploration and refinement of the
Independence Pass Plaza proposal can be undertaken without jeopardizing the potential of
the approved redevelopment project or applicant's GMQS lodge unit allocation. Although
not directly related to the current request, in order to avoid confusion it may be worth noting
that the applicants have also received approval for a three (3) four - bedroom residential unit
allocation and 7,250 square feet of commercial space through the 1996 small lodge lottery.
STAFF COMMENTS: Section 26.100.100 of the Aspen Municipal Code states that a
development allotment and all other development approvals shall expire on the day after the
third anniversary of the latest date of project approval, unless a building permit is obtained
and 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: Any conditions of approval are required to be met prior to the issuance of any
building permits. To comply with those requirements at this time would be premature as no
plans have been submitted for building permit.
(b) Any improvements which were required to be installed by the applicant prior
to construction of the project have been installed;
RESPONSE: No public improvements were required for this project prior to the issuance of
building.permits.
(c) The project has been diligently pursued in all reasonable respects, and the
extension is in the best interest of the community.
RESPONSE: The applicant, along with the City, has been pursuing the Independence Pass
Plaza redevelopment project for the past three -to -four years. It is in the community's interest
for the project planning and feasibility studies to proceed forward at this time.
The City Attorney generally recommends that requests for extensions of vested rights should
not be granted unless the applicant demonstrates clear and convincing reasons why an
extension is necessary. Examples of such reasons might include, but would not be limited to, a
pending law suit which prevented the applicant from proceeding with the approved plans, or
the City somehow being responsible for any delays. In addition to the applicant showing a
valid reason for the delay, the applicant should be required to demonstrate that the community
will benefit in some identifiable manner by the granting of an extension. In the opinion of
Community Development Department staff, the current case is an example of the City being, in
some way, responsible for delays. The planning of the Independence Pass Plaza has taken
longer than was expected (3 -4 years to date) and may not be completed before August of 1998.
Also, it is in the community's interest for the Independence Pass Plaza project planning and
feasibility studies to proceed forward at this time.
RECOMMENDATION: Community Development staff recommends approval of a six
(6) month extension of the 1993 GMQS lodge unit allocation and vested rights for the Bell
Mountain Lodge at 720 E. Cooper Avenue. The six (6) month extension shall begin on
August 22, 1998 and shall expire on February 22, 1999.
Staff also recommends that, as in the past, due to the applicant's participation and continued
involvement in the Independence Pass Plaza project, the land use application fees be waived
for this extension request.
RECOMMENDED MOTION: "I move to approve Ordinance No. , Series of
1997, which extends the expiration date of the 1993 GMQS lodge unit allocation and vested
rights status for the Bell Mountain Lodge at 720 E. Cooper Avenue from August 22, 1998 to
February 22, 1999 and to waive the land use fees for this application."
CITY MANAGER'S COMMENTS:
EXHIBITS:
Exhibit A - -- Application for Extension of GMQS allocation and vested rights
CITY COUNCIL AGENDA
September 22, 1997
5:00 P.M.
I. Call to Order
11. Roil Call
III. Scheduled Public Appearances
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT on the agenda. P!ease limit your comments to 3 minutes)
V. Special Orders of the Day
a) Mayors Comments
b) Council Members' Comments
c) City Managers Comments
V1. Consent Calendar (These matters may be adopted cgether by a singie ,,notion)
a) Resolution #77 %. ': 997 - Great Cutdocrs Colorado Grant for :Rctarj Park Bridge
b) Resolution #73. 1997 - Contract'cr Camouterized 'maaticn System
Resolution x74. 1997 - Contract - Par'.<s Equipment
VII. Public Hearings
a) Ordinance ;#32.
b) Crdinance ;#34,
c )Resolution #78,
� v
,,bb�� d t Ordinance #36,
tJr"
1997 - Pomegranate Rezoning (To be Withdrawn)
1997 - Amending Model Traffic Code
1997 - Accepting Gy1C Sconrg for Aspen Highlands Base Village
Request for =scamicnal Project Status and Metro Area Muiti-
Year Residential ,Allotments
1997 - Extension of GMGS,'Vested Rights fcr Beil Mountain Lodge
VIII. Action items
a) Animal Shelter Task Force
b) Resolution #716, 1997 - Approval of Contract to Purchase 937 -947 West Hallam
IX. Information Items
X. Adjournment
Next Regular Meeting Comber 14 1997
COUNCIL MEETS AT NOON FOR AN INFORMAL PUBLIC DISCUSSION, BASEMENT
MEETING ROOM
MEMORANDUM
TO: The Mayor and City Council
THRU: Amy Margerum. City Manager
John Worcester, City attorney /
Stan Clauson. Community Development Directortc/
Julie Ann Woods, Deputy Planning Director! �.
FROM: Mitch Haas, Planner
DATE: September _22.1997
RE: Bell Mountain Lodge Extension ofZG Vocations and Nested Rights
Parcel I.D. No. 2737- 182 -27 -003, e adtne of Ordinance No. �.
Series of 1997
SUMMARY: Bell Mountain Limited Liability Companv (the applicant) is requesting
another six (6) month extension of their 1993 Lodge GMQS allocation and -%ested rights
status pursuant to Section '_6.:00.'_00. Approval of the applicant's request would extend
the Bell Mountain Lodge GMQS allocations and vested rights from August 22. 1998 to
February 22. 1999. The applicant also requests that Council waive the 'and use
application fee in consideration of their continued willingness to cooperate with the Croy
in studying Independence Pass Plaza, a potential publiciprivate development project. The
GMQS allotment and vested rights application is attached as Exhibit A.
Community Development staff recommends that the requested six (6) month extension of
the GMQS allocation and vested rights status for the Bell Mountain Lodge be approved:
and the land use application fee be waived.
APPLICANT: Bell Mountain Limited Liability Company, represented by Alan
Richman of Alan Richman Planning Services.
CURRENT STATUS OF INDEPENDENCE PASS PLAZA PROJECT: Economic
and Planning Systems of Berkeley, California has completed a draft financial analysis of
the Independence Pass Plaza development. They, along with Design Workshop, Inc.
(DWI) and Cottle Graybeal Yaw Architects, Ltd. (CGY) are under contract with the City
to prepare the urban design studies and fiscal analysis necessary for the proposal to be
brought before the City electorate. Final recommendations will be forthcoming.
BACKGROUND: A GMQS allocation of twenty -two (22) lodge units was awarded to
the Bell Mountain Lodge via Ordinance 3, Series of 1993 adopted on February 22, 1993.
The allocation was based on the accumulation of ten (10) lodge units from the 1992
GMQS competition; ten (10) lodge units from the future 1993 GMQS competition; and
two (2) lodge units from the future 1994 GMQS competition. Vested rights were granted
retroactively to the project via Ordinance 37, Series of 1993, adopted on July 12, 1993.
The applicants have since been granted five (5) extensions of the GMQS allocation and
vested rights (see Exhibit A). The last extension of the GMQS allocation and vested
rights is to expire on August 32, 1998. five (5) years and six (6) months from the date
they were originally granted. The current request is for an extension of the GMQS
allocation and vested rights to February 22, 1999. The applicant explains their reasons
for the current request as follows (see Exhibit A):
"Almost immediately after the Bell Mountain Limited Liability Company purchased
this property in 1993, the applicants agreed to work together with the City as a
partner in an effort to realize a joint public/private partnership to create municipai
parking beneath their property and the adjoining City Market and Buckhorn Lodge
properties. The Applicants remain interested in achieving a project that can be of
benefit to the community and that is economically viable. The City has recently
completed an urban design analysis of that project and is also evaluating its
economic implications. The Applicants continue to express their willingness to
working with the City in these endeavors.
The Applicants want to ensure that the timetable for their private development
options does not interfere with the potential for realizing this valuable public,,private
partnership. Approval of this extension should zive the City time to compiete its
ongoing studies."
By approving this extension to February 12, 1999, further exploration and refinement of
the Independence Pass Plaza proposal can be undertaken without jeopardizing the
potential of the approved redevelopment project or applicant's GMQS Iodize unit
allocation. Although not directly reiated to the current request. in order to avoid
confusion it may be worth noting that the applicants ;rave also received approval for a
three (3) four - 'bedroom residential unit allocation and ',250 square feet of commercial
space through the 1996 small lodge lottery.
STAFF CON[MENTS: Section 36.100.100 of the Aspen Municipal Code states
that a development allotment and all other development approvals shall expire on the day
after the third anniversary of the latest date of project approval, unless a building permit
is obtained and 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: Any conditions of approval are required to be met prior to the issuance of
any building permits. To comply with those requirements at this time would be
premature as no plans have been submitted for building permit.
!b) Anv improvements which were required to be installed by the applicant prior ro
construction of the project have been installed:
RESPONSE: No public improvements were required for this project prior to the
issuance of building permits.
%I 777e project has been diligently pursued in all reasonable respects, and the
extension is in the best interest of the community.
RESPONSE: The applicant, along with the City, has been pursuing the Independence
Pass Plaza redevelopment project for the past three -to -four years. It is in the
community's interest for the project planning and feasibility studies to proceed forward at
this time.
RECOMMENDATION: Community Development staff recommends approval of a
six (6) month extension of the 199' ) GMQS lodge unit allocation and vested rights for the
Bell Mountain Lodge at 720 E. Cooper Avenue. The six (6) month extension shail begin
on August __. 1998 and shall expire on February 22. 1999.
Staff also recommends that. as in the past. due to the applicant's participation and
continued involvement in the Independence Pass Plaza project. the land use application
fees be waived for this extension request.
RECOMMENDED MOTION: `'I move to approve Ordinance No. _. Series of
1997, which extends the expiration date of the 1993 GMQS lodge unit allocation and
vested rights status for the Bell Mountain Lodge at 720 E. Cooper Avenue from August
22. 1998 to February 22, 1999 and to waive the land use fees for this application."
CITY MANAGER'S COMMENTS:
EXHIBITS:
Exhibit A - -- Application for Extension of GMQS allocation and vested rights
ORDINANCE No..a&
(SERIES OF 1997)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH
EXTENSION OF THE 1993 LODGE GMQS ALLOTMENT AND VESTED RIGHTS
GRANTED BY ORDINANCE NO. 3, SERIES OF 1993, AND EXTENDED BY
ORDINANCE NO. 51, SERIES OF 1994, ORDINANCE NO. 15, SERIES OF 1995,
ORDINANCE 16, SERIES OF 1996, ORDINANCE 39, SERIES OF 1996, AND
ORDINANCE 12, SERIES OF 1997
FOR BELL MOUNTAIN LODGE REDEVELOPMENT, 720 E. COOPER AVENUE,
CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, pursuant to Section 26.100.100 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 February 22, 1993, City Council adopted Ordinance _io. 3. Series of 1993.
which approved a GMQS allocation for the redevelopment of the Bell Mountain Lodge at 720 E.
Cooper Avenue. 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 five (5) prior six -month extensions which extended the
GMQS allocation and vested rights to August 22, 1998; and
WHEREAS, the applicant, Bell Mountain Limited Liability Company, has requested
another six (6) month extension of the GMQS allocation in order to continue working with the City
to develop the Independence Pass Plaza project without losing the ability to utilize the 1993 GMQS
allocation if the project is not realized; and
WHEREAS, the applicant also requests an extension of vested rights status, which was
granted retroactively by Ordinance 37, Series of 1993, to coincide with the GMQS allocation
extension; and
Ordinance No. Series of 1997
Page 2
WHEREAS, the Community Development Department, having reviewed the application
recommends approval of a six (6) month extension of the GMQS allotment approved in Ordinance
3, Series of 1993, and the vested rights extension; and
WHEREAS, the Aspen City Council, having considered the Community Development
Department's recommendation for the GMQS extension, does wish to grant another extension for
six (6) months and extend vested rights status to coincide with the GMQS extension.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY CODICIL OF THE CITY
OF ASPEN, COLORADO:
Section 1•
Pursuant to Section 26.100.100 of the aspen Municipal Code. City Council does hereby grant the
applicant another six (6) month extension of the 1993 Lodge GMQS allocation approved by
Ordinance 3, Series of 1993, :extended by Ordinance 5l, Series of 1994. Ordinance 15, Series of
1995. Ordinance 16. Series of 1996, Ordinance 39, Series of 1996. and Ordinance 12, Series of
1997 for the Bell Mountain Lodge at 720 E. Cooper avenue beginning August 22, 1998 and ending
February 22. 1999.
Section 2:
Pursuant to Section 26.32.080 of the Aspen Municipal Code and C.R.S. =4 -68- 104(2), City Council
does hereby grant the applicant an extension of vested rights status for the site specific development
plan for the Bell Mountain Lodge at 720 E. Cooper Avenue as approved by Ordinance 37, Series of
1993, to February 22, 1999, with the following conditions:
1. The extension of vested rights shall be for six (6) months from August 22. 1998 to February 22,
1999.
2. Land use application fees associated with the extension of vested rights through this Ordinance
are hereby waived.
3. The rights granted by the site specific development plan approved by this Ordinance and the
insubstantial amendment shall remain vested for a period of six (6) years February 22, 1993,
which was retroactively approved by Ordinance 37, Series of 1993, adopted on July 12, 1993.
Ordinance No. _, Series of 1997
Page 3
However, any failure to abide by the terms and conditions attendant to this approval shall result
in forfeiture of said vested property rights.
4. The approval granted hereby shall be subject to all rights of referendum and judicial review.
5. 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 of the City provided that such reviews or approvals are not
inconsistent with the approvals granted and vested herein.
6. 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 Cleric 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 d:
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 14th day of October, 1997 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 once in a newspaper of general circulation
within the City of Aspen.
Ordinance No. _, Series of 1997
Page 4
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 22nd day of September, 1997.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
John Worcester, City Attorney
FINALLY, adopted, passed and approved this _day of , 1997.
ATTEST:
Kathryn S. Koch, City Clerk
John Bennett, Mayor
Rz?,
-Ndz 3613 446LK. &a waa * 3151
July 9, 1997
,# erg Se�uia�
y46ew' j z (17 0) 720—;1-25
Mr. Stan C:auson. Community Development Director
City of aspen
130 South Galena Street
Aspen, Colorado 31611
RE: E=NSION OF BELL MOUNTALN LODGE GNIQS - ULOC.ITION
Dear Stan.
iiais setter s submitted on behaif of _ny .:iient. the 3etl Mountain Limited Liabiiiri C,)mDanv
(hereinafter. "the .-�,ppiicants`
', requesting an extension of :heir lodge GMQS illccation and
the associated vested :ights. The - eauest is submitted oursuant :o Section 26.:00.100 of :he
Aspen Munic4rai Code. `Emiratien of Deveionment Order'. This section states that
deveiooment allotments awarded :o a �)roiect shall expire on the day after the third
anniversary of anai deveiooment annrovai. unless a buiidine permit is obtained and the
project is deveiooed. The section Toes on to authorize the extension of an allotment. for a
pe. ^'od not :o exceed six 6j ;nonths. and also authorizes granting of additional extensions.
Background
The Sell Mountain Lodge was awarded a Growth Management Quota System (GMQS)
allocation of twenty -two (22) lodge units via Ordinance J. Series of 1993, adopted on
February 32 199' :1. Vested rights were ;ranted to the project retroactively via Ordinance 37,
Series of 1993, adopted on July 12. 1993. The GMQS allocation and vested rights were to
expire three (3) years from the date they were granted, that being February 22, 1996.
The Applicants have since been granted five (5) extensions of the GMQS allocation and
vested rights. Ordinance 51, Series of 1994, adopted on October 11, 1994, extended the
GMQS allocation to August 22,. 1996. Extension of the vested rights was not addressed at
that time. However. Ordinance 15, Series of 1995, granted a second extension of the GMQS
allocation, including extension of the vested rights, to February 22.. 1997. Ordinance 16,
Series of 1996, extended the allocation and vested rights to August 22, 1997; Ordinance 39,
Series of 1996, extended the allocation and vested rights to February 1-2, 1998; and
Ordinance 12, Series of 1997 extended the allocation and vested rights to August 22. 1998.
Mr. Stan Ciauson
July 9, 1997
Page Two
Request
The appiicants hereby request an additional six (6) month extension of the GMQS
allocation and vested rights, which would extend the allocation and the vested rights to
February 3`, 1999. Our reasons for submitting this request are as follows.
Almost immediateiy after the Bell Mountain Limited Liability Companv purchased :his
property in 1993. the applicants agreed to work together with the City as a partner m an
effort to realize a joint public; private partnership to create murumpai parking beneath their
property and the adjoining City Market and Buclthorn Lodge properties. The Applicants
remain interested in acruenng a project that can be of benefit :o the community and :hat
is economically viable. The City has recently completed an urban design analysis of that
project and is also evaluating its economic implications. The Aonlicants continue :c --,,mess
their willingness to working with the City in these endeavors.
Toe applicants want to ensure :hat :he timetable or :heir private deveiooment 3rtions does
not interfere with the potentiai for realizing :his valuable pubiic;orvate partnership.
ADprovai of :his extension should give the City time to ccmpiete its onQeing studies.
The applicants request :hat as has been done for our prior extension anpiicaticns. -he Citv
waive the fee for :his aoniication. We feel that this extension is necessitated only because
of :he appiicams' willingness -o cot)e,ate with the City to achieve a public purpose. and
that .here should not bi a :;harge :or processing this relatively simple matter.
You ;nave in your files a letter from Jim Valero authorizing me -o submit an aoniication on
behalf of the Bell Mountain LLC. 1 "ease tail me if there is anything else :hat you require.
Very truly yours.
ALA;Y RICt 3fAIN PLtNNL IG SERVICES
Alan Richman. AICP
Memorandum
TO: Julie Ann Woods
FROM: John P. Worcester, City Attorney)
DATE: April 9, 1997
RE: Extension of Vested Rights
This is in response to your request that I offer my opinion on the standards that the Community
Development Department should use in recommending to City Council approval or denial of
requests for extension of vested rights.
As you lcnow, the City has adopted a vested rights ordinance (Section 26.52.080 of the
Municipal Code) which was patterned after the state statute on the subject. Sections 24 -68 -101, et
seq.. C.R.S. Please note that neither the state statute nor the City Land Use Code requires that
vested rights be -extended beyond the original three year period. Thus, neither the state statute
nor the City's Land Use Code includes any standards by which an application for an extension of
vested rights must be decided. In other words, the decision to approve or deny a request to
extend vested rights is entirely discretionary on the part of City Council.
In formulating a recommendation to Council, the Community Development staff should keep in
mind the following general principles. Statutory vested rights were created by the state
legislature in an attempt to balance the needs of developers for some reliance on their
development approvals and the needs of governmental entities to amend their land use codes to
meet changing circumstances in their jurisdictions. Thus, once a developer obtains a site specific
development plan and vested rights for the approvals, the developer can be assured that for three
years any changes in land use laws and regulations will not affect the approvals already obtained.
At the expiration of the three year period, the vested rights expire, but the approvals do not
(assuming all other conditions of approval have been met). The developer is still entitled to
develop his /her property, but must now comply with any new laws, if any, adopted after the
approval of the project.
MEMORANDUM
TO: Mayor and Aspen City Council
THRU: Amy Margerum, City Manager
THRU: Stan Clauson, Community Development Director
FROM: Bob Nevins, Long Range Planner
RE: Bell Mountain Lodge GMQS Extension
Independence Pass Plaza (formerly Independence Place) Update
DATE: 13 October 1997
BACKGROUND: The concept of a "superblock," an east end parking garage with
additional Neighborhood Commercial (NC) space above, was described in the adopted
1993 Aspen Area Community Plan. For the past four years, the City in cooperation with
the owners of the Bell Mountain Lodge and City Market have been pursuing the financial
and urban design feasibility of a scaled -down redevelopment project referred to now as
Independence Pass Plaza.
The consultant team retained by the City of Aspen to provide financial and urban design
analysis of the proposed Independence Pass Plaza (IPP) redevelopment program includes
Economic & Planning Systems (EPS) of Berkeley, California and Design Workshop, Inc./
Cottle Graybeal Yaw Architects(CGY) of Aspen. EPS assessed the economic value
created by the proposal. The EPS study evaluates the justification and benefits of public
participation, and estimates potential private economic returns and need, if any, for public
involvement. Design Workshop, Inc. (DWI) and Cottle Graybeal Yaw (CGY) of Aspen
were commissioned to provide an objective, design -based understanding of what the
physical form of IPP may be based on the established development program. Two public
charettes, participatory workshops, were conducted to better understand the critical
height, mass and scale of the buildings that could result from the proposed program. The
public domain and urban design opportunities were also explored.
In addition, the Downtown Enhancement and Pedestrian Plan (DEPP) Task Force
reviewed the proposed development. The Task Force agreed that the proposed massing,
scale and land use allocations "fit' within the context of downtown Aspen and that the
location is appropriate for an intercept east end parking garage, neighborhood commercial
uses, affordable housing and free - market units.
CURRENT STATUS: The reports from both EPS and DWI/CGY have been reviewed by
staff. The consultants are in the process of finalizing their reports. Staff is preparing to
bring the financial and urban design findings to City Council for consideration on
10 November 1997. Depending upon Council's concurrence, staff is recommending that
a citizen roundtable be appointed to review the proposal from a community perspective.
It is anticipated that two public roundtable sessions would be required in order for the
citizens to formulate their findings and report to Council.
RECOMMENDATION Staff recommends that the GMQS allocations for the Bell
Mountain Lodge be extended in order for the potential merits of the Independence Pass
Plaza project to be evaluated by Council and the citizens of Aspen.
CITY MANAGER'S COMMENTS:
r�la.� �cclsdxast
V" 3613 ,djAr44 eo&" & 91612
July 9, 1997
;D &W iota Sew&X4
;P"mI57" (970) 920 -1125
Mr. Stan Clauson, Community Development Director
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
pECE1V ED
Jill 1 n 1991
ASPEN'VIEL" ew
CCMMUNIV of 1
RE: EXTENSION OF BELL MOUNTAIN LODGE GMQS ALLOCATION
Dear Stan,
This letter is submitted on behalf of my client, the Bell Mountain Limited Liability Company
(hereinafter, "the Applicants "), requesting an extension of their lodge GMQS allocation and
the associated vested rights. The request is submitted pursuant to Section 26.100.100 of the
Aspen Municipal Code, "Expiration of Development Order ". This section states that
development allotments awarded to a project shall expire on the day after the third
anniversary of final development approval, unless a building permit is obtained and the
project is developed. The section goes on to authorize the extension of an allotment, for a
period not to exceed six (6) months, and also authorizes granting of additional extensions.
Background
The Bell Mountain Lodge was awarded a Growth Management Quota System (GMQS)
allocation of twenty -two (22) lodge units via Ordinance 3, Series of 1993, adopted on
February 22, 1993. Vested rights were granted to the project retroactively via Ordinance 37,
Series of 1993, adopted on July 12, 1993. The GMQS allocation and vested rights were to
expire three (3) years from the date they were granted, that being February 22, 1996.
The Applicants have since been granted five (5) extensions of the GMQS allocation and
vested rights. Ordinance 51, Series of 1994, adopted on October 11, 1994, extended the
GMQS allocation to August 22, 19%. Extension of the vested rights was not addressed at
that time. However, Ordinance 15, Series of 1995, granted a second extension of the GMQS
allocation, including extension of the vested rights, to February 22, 1997. Ordinance 16,
Series of 1996, extended the allocation and vested rights to August 22, 1997; Ordinance 39,
Series of 1996, extended the allocation and vested rights to February 22, 1998; and
Ordinance 12, Series of 1997 extended the allocation and vested rights to August 22, 1998.
Mr. Stan Clauson
July 9, 1997
Page Two
Request
The Applicants hereby request an additional six (6) month extension of the GMQS
allocation and vested rights, which would extend the allocation and the vested rights to
February 22, 1999. Our reasons for submitting this request are as follows.
Almost immediately after the Bell Mountain Limited Liability Company purchased this
property in 1993, the Applicants agreed to work together with the City as a partner in an
effort to realize a joint public /private partnership to create municipal parking beneath their
property and the adjoining City Market and Buckhorn Lodge properties. The Applicants
remain interested in achieving a project that can be of benefit to the community and that
is economically viable. The City has recently completed an urban design analysis of that
project and is also evaluating its economic implications. The Applicants continue to express
their willingness to working with the City in these endeavors.
The Applicants want to ensure that the timetable for their private development options does
not interfere with the potential for realizing this valuable public /private partnership.
Approval of this extension should give the City time to complete its ongoing studies.
The Applicants request that as has been done for our prior extension applications, the City
waive the fee for this application. We feel that this extension is necessitated only because
of the Applicants' willingness to cooperate with the City to achieve a public purpose, and
that there should not be a charge for processing this relatively simple matter.
You have in your files a letter from Jim Valerio authorizing me to submit an application on
behalf of the Bell Mountain LLC. Please call me if there is anything else that you require.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
Alan Richman, AICP
aroa
obi
;WZ
0 m
0 n
0
� w D
0 z
c
5
J
Z
N Z
Z
N
m
x
n
m
v:
yrn
N w r-
roort
m 'C
m
oort
C Ma
rt O
0
O7 U)
r C H
Oc�ro
Hama
a m C
0 m 0 Ea
a o
ao
a
H En
am rt 0
Y K O
�m
rt G
O
r•
rt
k
t7
m
C
m
N
O
ro
m
r
R
d
r•
m
m
O
0
O
n