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HomeMy WebLinkAboutcoa.lu.gm.720 E Cooper Ave.A12-95 '-~ CASELOAD SUMMARY SHEET city of Aspen DATE RECEIVED: OtI0~~5 - DATE COMPLETE :~_ I _~ S- PROJECT NAME: Bell Mountain Riqhts Project Address: Legal Address: PARCEL 10 AND CASE NO. 2737-182-27-003 A12-95 STAFF MEMBER: LL Lodqe Extension of GMOS & Vested 720 E. Cooper Lots K-P & W 20.73' of Lot 0, Block 105 APPLICANT: Bell Mountain Limited Applicant Address: REPRESENTATIVE: Alan Richman Representative Address/phone: Liabilitv Company 920-1125 Box 3613 Aspen, CO 81612 -----------------------------------------------------------~-- -------------------------------------------------------------- # APPS RECEIVED # PLATS RECEIVED 1 FEES: PLANNING ENGINEER HOUSING ENV. HEALTH TOTAL $ 1020 $ $ $ $ 1020 --------------------------------------------------------------- --------------------------------------------------------------- REFERRALS: city Attorney City Engineer Housing Dir. Aspen Water City Electric Envir.Hlth. Zoning Parks Dept. Bldg Inspector Fire Marshal Holy Cross Mtn. Bell ACSD Energy Center School District Rocky Mtn NatGas COOT Clean Air Board Open Space Board Other Other DATE REFERRED: INITIALS: DUE: -----------------~J~-----------------------~--J.---------------- ;~~~~-~;~;~~~~---~~--------~~;;-~;~;;~~~ 1~ ~~~~~;~~~~~ ___ city Atty ___ city Engineer ___Zoning Env. Health ___ Housing ___ Open Space Other: FILE STATUS AND LOCATION: - OC) --- 0\ 1\ (~ _-7 MEMORANDUM TO: Mayor and Council FROM: Bill Efting, Acting City Manager stan Clauso~unity Development Leslie Lamont, Deputy Director April 10, 1995 ~/ Bell Mountain Lodge GMQS and Vested Rights Extension L" Request - Second Reading ordinance 15, Series of 1995 r C. "/.t // THRU: THRU: DATE: RE: ================================================================= SUMMARY: The applicant, Bell Mountain Limited Liability Company, has requested another extension to their 1992 GMQS allotment and vested rights status for the redevelopment of the Bell Mountain Lodge at 720 East Cooper Avenue. The extension request is for six (6) months. In August of 1994, the appli~ant requested a 14 month extension of the GMQS allocation, however, the code only provides for a maximum 6 month extension for GMQS allocations. At that time, council granted a 6 month extension to August 22, 1996. The applicant is once again requesting another 6 month GMQS extension and an extension of vested rights status. This request extends the allocation and the vested rights to February 22, 1997. Please review the extension request, exhibit A. Staff recommends approval of a six (6) month extension of the GMQS allocation and the extension of vested rights status. Please see attached Ordinance 15, Series of 1995. BACKGROUND: Council approved the 1992 GMQS allocation for 10 lodge rooms, a future allocation from the 1993 GMP competition of 10 lodge rooms, and a future allocation from the 1994 GMP competition for 2 lodge rooms, for a total of 22 new lodge rooms for the Bell Mountain Lodge redevelopment. The GMQS allocations were due to expire February 22, 1996. In July of 1993, Council granted vested rights status to begin retroactively in February 22, 1993. Since Council's approval of the Lodge allocation, the lodge acquired new owners and the City has been working with the lodge owners, City Market, and the Buckhorn Lodge to redevelop the entire block. The city and the private property owners have been working on the 1 Independence Place redevelopment proposal for over 21 months attempting to create an underground parking garage, and significantly redevelop the Bell Mountain Lodge, city Market and the Buckhorn Lodge as a unified project. It is because of the work between the City and private property owners that the Bell Mountain Limited Liability Company requests an extension of the 1992 GMQS allocation and vested rights in case Independence Place is not realized. The Company is requesting an extension which is similar to the amount of time that they ha e spent working with the City on the Independence Place developmen . If extensions are not granted, the Company must begin preparation for the Lodge redevelopment based upon the GMQS proposal that was approved. The Bell Mountain Limited Liability Company believes they need to begin design and construction planning for a building permit to be issued by the August 1996 deadline. 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 exemptions have been complied with; and RESPONSE: Any conditions of approval that were required are required prior to the issuance of any building permits. To comply with those requirements at this time would be premature. (b) Any improvements which were required to be installed by the applicant prior to construction of the project have been installed; and RESPONSE: No public improvements were required of this project until the issuance of building permits. (c) The respects, community. project has been diligently pursued in all reasonable and the extension is in the best interest of the RESPONSE: The application has been pursuing, with the city, the Independence Place development for the last 21 months. 2 /-, RECOMMENDATION: Staff recommends approval for a six (6) month extension of the 1993 Lodge GMQS allocation and the extension of vested rights for 720 East Cooper Avenue. The six (6) month extension shall begin at the date of expiration of the previous 6 month extension which is August 22, 1996 and expire on February 22, 1997. RECOMMENDED MOTION: "I move to adopt Ordinance 15, Series of 1995, on second reading which extends the 1992 Lodge GMQS allocation and vested rights status for 720 East Cooper Avenue from August 22, 1996 to February 22, 1997." CITY MANAGER'S COMMENTS: Ordinance 15, series of 1995 EXHIBIT: A. Extension Request , 3 ,", ORDINANCE 15 (SERIES OF 1995) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH EXTENSION OF THE 1992 LODGE GMQS ALLOTMENT GRANTED BY ORDINANCE 3, SERIES OF 1993, AND A VESTED RIGHTS EXTENSION FOR THE BELL MOUNTAIN LODGE REDEVELOPMENT, 720 EAST COOPER AVENUE, ASPEN 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; and WHEREAS, on February 22, 1993, City Council approved a GMQS allocation for the redevelopment of the Bell Mountain Lodge at 720 East Cooper Avenue; 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, Council has granted one, six month extension which extended the GMQS allocation to August 22, 1996; 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 Place project without losing the ability to utilize the 1992 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, on July 12, 1993, to coincide with the GMQS allocation extension; and WHEREAS, the Planning Office, having reviewed the application 1 - /', recommends approval of a six (6) month extension of the GMQS allotments approved in Ordinance 3, Series of 1993 and the vested rights extension; 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 to coincide with the GMQS extension. 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 1992 lodge GMQS allocation approved by Ordinance 3, Series of 1993, for 720 East Cooper Avenue beginning August 22, 1996 and ending February 22, 1997. 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 720 East Cooper Avenue approved by Ordinance 37, Series of 1993, to February 22, 1997 with the following conditions: 2. 3. 4. 1. The extension of vested rights shall be for approximately one year t ru 22, 1997. The i9h~O~ ted by the site specific development plan appro ed b thO Ordinance shall remain vested for a total of four y r F uary 22, 1993, which was retroactively approved by Ordinance No. 37, Series of 1993 published July 12, 1993. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. The approval granted hereby shall be subject to all rights of referendum and judicial review. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances or the City provided 2 -." ,......'...... 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. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following- described property: "720 East cooper, Lots K-P & West 20.73' of Lot Q, Block 105" The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. 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 3 -- r"', a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City council of the City of Aspen on the day of , 1995. John Bennett, Mayor ATTEST: Kathryn S. Koch, city Clerk FINALLY, adopted, passed and approved this day of , 1995. John Bennett, Mayor ATTEST: Kathryn S. Koch, city Clerk 4 --- /" . . ... EXHIBIT A ?'I'-1<Id._~_ B_ 3613, A~ (t.t<<",f"" r1612 'P~ (303) 92fJ-1125 DE30 December 30, 1994 HAND DELIVERED Ms. Leslie Lamont, Deputy City Planning Director Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: EXTENSION OF BELL MOUNTAIN LODGE GMQS ALLOCATION Dear Leslie, This letter is submitted on behalf of my client, the Bell Mountain Limited Liability Company (hereinafter, "the Applicant"), requesting an extension of their lodge GMQS allocation. The request is submitted pursuant to Section 24-8-108 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 extensions of the allotments, for a period not to exceed six (6) months, and also authorizes granting of additional extensions. As you will recall, the applicant submitted a request for an extension of their GMQS allocation on August 18, 1994. At that time, we requested a fourteen (14) month extension of the allocation. This time period corresponded to the time the applicant had spent to that date working with the City to realize a joint public/private project to create municipal parking below the applicant's property and that of neighboring owners. The City Council granted final approval to a GMQS extension for this project on October 11, by its unanimous approval of Ordinance 51, Series of 1994. However, at your recommendation, based on the advice of the City Attorney, the length of the extension was limited to six (6) months, not the fourteen (14) months requested by the applicant. This extended our allocation to August 22, 1996. . The reason that the City granted a more limited extension than was requested was the provision of the subject Code section which only allows the City to grant extensions of up to six (6) months. The Code places no limit, however, on the number of extensions which can be granted. In fact, at the public hearing, the Council indicated its willingness to consider another extension if another application were submitted. ~ Ms. Leslie Lamont December 30, 1994 Page Two The applicant hereby requests another extension at this time. I would refer you to our application letter of August 18 for further description of our request. It is most important that I also point out to you that when the previous extension was granted by Ordinance 51, Series of 1994, we neglected to request a similar extend the project's vested rights. The Council granted vested rights to this project through Ordinance 37, Series of 1993, adopted on July 12, 1993. Because the vested rights were granted by a different ordinance than the original GMQS allocation (granted by Ordinance 3, Series of 1993 on February 22, 1993), we are now in the position of having two different expiration deadlines. We would like for both expiration dates to be the same, as it is of little value to the applicant to extend the building rights, but to potentially lose the ability to develop the project as designed, if there are any intervening substantive amendments to the City's land use regulations. This request will have the effect of extending all of our rights to February 22, 1997. This letter will be followed by a check for $978, to pay the processing fee for this request. Should we need to submit any other materials to you, please contact me as soon as possible. Thank you very much for your assistance with this matter. Very truly yours, ALAN RICHMAN PLANNING SERVICES At I:h. ..LA Alan Richman, AICP cc: Jim Valerio, Bell Mountain LLC. Nick McGrath, Esq. ~, ~- VIe. MEMORANDUM TO: Mayor and Council FROM: Bill Efting, ACr~ing city Manager stan Clauso~unity Development Director Leslie Lamont, Deputy Director THRU: THRU: DATE: March 13, 1995 Bell Mountain Lodge GMQS and Vested Rights Extension Request - First Reading Ordinance I~ series of 1995 RE: ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The applicant, Bell Mountain Limited Liability Company, has requested another extension to their 1992 GMQS allotment and vested rights status for the redevelopment of the Bell Mountain Lodge at 720 East Cooper Avenue. The extension request is for six (6) months. In August of 1994, the applicant requested a 14 month extension of the GMQS allocation, however, the code only provides for a maximum 6 month extension for GMQS allocations. At that time, Council granted a 6 month extension to August 22, 1996. The applicant is once again requesting another 6 month GMQS extension and an extension of vested rights status. This request extends the allocation to February 22, 1997. Please review the extension request, exhibit A. staff recommends approval of a six (6) month extension of the GMQS allocation and the extension of vested rights status. Please see attached Ordinance I~ Series of 1995. BACKGROUND: Council approved the 1992 GMQS allocation for 10 lodge rooms, a future allocation from the 1993 GMP competition of 10 lodge rooms, and a future allocation from the 1994 GMP competition for 2 lodge rooms, for a total of 22 new lodge rooms for the Bell Mountain Lodge redevelopment. The GMQS allocations were due to expire February 22, 1996 and vested rights was to expire July 12, 1996. since council's approval of the Lodge allocation, the lodge acquired new owners and the City has been working with the lodge owners, city Market, and the Buckhorn Lodge to redevelop the entire block. The City and the private property owners have been working on the 1 -r-..." /"~ '\, ,/ " , Independence Place redevelopment proposal attempting to create an underground significantly redevelop the Bell Mountain the Buckhorn Lodge as a unified project. for over 21 months parking garage, and Lodge, City Market and It is because of the work between the City and private property owners that the Bell Mountain Limited Liability Company requests an extension of the 1992 GMQS allocation and vested rights in case Independence Place is not realized. The Company is requesting an extension which is similar to the amount of time that they have spent working with the City on the Independence Place development. If extensions are not granted, the Company must begin preparation for the Lodge redevelopment based upon the GMQS proposal that was approved. The Bell Mountain Limited Liability Company believes they need to begin design and construction planning for a building permit to be issued by the August 1996 deadline. 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 exemptions have been complied with; and RESPONSE: Any conditions of approval that were required are required prior to the issuance of any building permits. To comply with those requirements at this time would be premature. (b) Any improvements which were required to be installed by the applicant prior to construction of the project have been installed; and RESPONSE: No public improvements were required of this project until the issuance of building permits. (c) The respects, community. project has been diligently pursued in all reasonable and the extension is in the best interest of the RESPONSE: The application has been pursuing, with the City, the Independence Place development for the last 21 months. 2 ~ --. RECOMMENDATION: Staff recommends approval extension of the 1993 Lodge GMQS allocation vested rights for 720 East Cooper Avenue. The six (6) month extension shall begin at the date of expiration of the previous 6 month extension which is August 22, 1996 and expire on February 22, 1997. for a six (6) month and the extension of RECOMMENDED MOTION: "I move to read Ordinance I~ series of 1995." "I move to approve Ordinance 16': series of 1995, on first reading which extends the 1992 LOdge-GMQS allocation and vested rights status for 720 East Cooper Avenue from August 22, 1996 to February 22, 1997." CITY MANAGER'S COMMENTS: Ordinance f~ series of 1995 EXHIBIT: A. Extension Request 3 - ,.,...^ ,.--- ORDINANCE la (SERIES OF 1995) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH EXTENSION OF THE 1992 LODGE GMQS ALLOTMENT GRANTED BY ORDINANCE 3, SERIES OF 1993, AND A VESTED RIGHTS EXTENSION FOR THE BELL MOUNTAIN LODGE REDEVELOPMENT, 720 EAST COOPER AVENUE, ASPEN 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; and WHEREAS, on February 22, 1993, City council approved a GMQS allocation for the redevelopment of the Bell Mountain Lodge at 720 East Cooper Avenue; 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, Council has granted one, six month extension which extended the GMQS allocation to August 22, 1996; 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 Place project without losing the ability to utilize the 1992 GMQS allocation if the project is not realized; and WHEREAS, the applicant also requests an extension of vested rights status, which was granted by Ordinance 37, Series of 1993, on July 12, 1993, to coincide with the GMQS allocation extension; and WHEREAS, the Planning Office, having reviewed the application 1 - recommends approval of a six (6) month extension of the GMQS allotments approved in Ordinance 3, Series of 1993 and the vested rights extension; 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 to coincide with the GMQS extension. 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 1992 lodge GMQS allocation approved by Ordinance 3, Series of 1993, for 720 East Cooper Avenue beginning August 22, 1996 and ending February 22, 1997. 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 720 East cooper Avenue approved by Ordinance 37, Series of 1993, to February 22, 1997 with the following conditions: 1. The extension of vested rights shall be for approximately seven months to February 22, 1997. 2. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for a total of three years, seven (7) months and ten days from July 12, 1993, the date of publication of Ordinance No. 37, Series of 1993. 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 2 ,r-'''' "'-".. 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. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following- described property: "720 East Cooper, Lots K-P & West 20.73' of Lot Q, Block 105" The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. 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 3 ,~ - a public notice of the same shall be published one in a newspaper of general circulation within the city of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the city of Aspen on the day of , 1995. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this day of , 1995. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk 4 f"',- ~ EXHIBIT A ~~_. 3"_ 8618, ,,~ e-'"ffth.. ',6,2 ~ (8C8) 92C-112S ;4i4M ~{e'';'4'" DEL 3 0 December 30, 1994 HAND DELIVERED Ms. Leslie Lamont, Deputy City Planning Director Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: EXTENSION OF BELL MOUNTAIN LODGE GMQS ALLOCATION Dear Leslie, This letter is submitted on behalf of my client, the Bell Mountain Limited Liability Company (hereinafter, "the Applicant"), requesting an extension of their lodge GMQS allocation. The request is submitted pursuant to Section 24-8-108 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 extensions of the allotments, for a period not to exceed six (6) months, and also authorizes granting of additional extensions. As you will recall, the applicant submitted a request for an extension of their GMQS allocation on August 18, 1994. At that time, we requested a fourteen (14) month extension of the allocation. This time period corresponded to the time the applicant had spent to that date working with the City to realize a joint public/private project to create municipal parking below the applicant's property and that of neighboring owners. The City Council granted final approyal to a GMQS extension for this project on October 11, by its unanimous approval of Ordinance 51, Series of 1994. However, at your recommendation, based on the advice of the City Attorney, the length of the extension was limited to six (6) months, not the fourteen (14) months requested by the applicant. This extended our allocation to August 22, 1996. The reason that the City granted a more limited extension than was requested was the provision of the subject Code section which only allows the City to grant extensions of up to six (6) months. The Code places no limit, however, on the number of extensions which can be granted. In fact, at the public hearing, the Council indicated its willingness to consider another extension if another application were submitted. Ms. Leslie Lamont December 30, 1994 Page Two The applicant hereby requests another extension at this time. I would refer you to our application letter of August 18 for further description of our request. It is most important that I also point out to you that when the previous extension was granted by Ordinance 51, Series of 1994, we neglected to request a similar extend the project's vested rights. The Council granted vested rights to this project through Ordinance 37, Series of 1993, adopted on July 12, 1993. Because the yested rights were granted by a different ordinance than the original GMQS allocation (granted by Ordinance 3, Series of 1993 on February 22, 1993), we are now in the position of having two different expiration deadlines. We would like for both expiration dates to be the same, as it is of little value to the applicant to extend the building rights, but to potentially lose the ability to develop the project as designed, if there are any intervening substantive amendments to the City's land use regulations. This request will have the effect of extending all of our rights to February 22, 1997. This letter will be followed by a check for $978, to pay the processing fee for this request. Should we need to submit any other materials to you, please contact me as soon as possible. Thank you very much for your assistance with this matter. Very truly yours, ALAN RICHMAN PLANNING SERVICES k~ .1.j Alan Richman, AICP cc: Jim Valerio, Bell Mountain L.L.c. Nick McGrath, Esq. ,~- ........ ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 FAX# (303) 920-5197 February 9, 1995 Alan Richman Box 3613 Aspen, CO 81612 Re: Bell Mountain Lodge Extension of GMQS & Vested Rights Case A12-95 Dear Alan, The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. Please provide a letter from the owner consenting to your representation. We have scheduled this application for 1st Reading before the Aspen City Council on Monday, March 13, 1995 at a meeting to begin at 5:00 p.m. Second Reading and Public Hearing will be on April 10, 1995. 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. Please note that it is your responsibility to mail notice to property owners within 300' and to post the subject property with a sign at least ten (10) days prior to the public hearing. Please submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing prior to the public hearing. If you have any questions, please call Leslie Lamont the planner assigned to your case, at 920- 5101. Sincerely, ~lff Administrative Assistant cc.ph I t. I I , t I I I t , t f I t .v ,-_., - Aspen/Pitkin Community Development Department 130 South Galena Street I Aspen, Colorado 81611 (303) 920-50902 7'17-/"32 - :2 7-t:JP3:> . I City Land Use Application Fees: 00113-63850-041 Deposit -63855-042 Flat Fee -63860-043 HPC -63875-046 Zoning & Sign Permit _ MR011 Use Tax 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 00115-63340-1\63 00123-63340-190 00125-63340-205 ( County Engineer City Engi'neer ., Hol1sing , Enviromental,.He~lth Sales: 00113-63830-039 -69000-145 County Code Copy Fees Other Name6dHv,~UC{ L[{J.L. CD. Addre;--TL'Tt'~TC;C:-p:CT---- /'---------- /-t >(;J-Gn Phone: '-1'1. 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