HomeMy WebLinkAboutcoa.lu.gm.720 E Cooper Ave.A28-96
CAS"'~"OAD SUMMARY SHEET - CITY (r-ASPEN
DATERECENED: 4/10/96
DATE COMPLETE:
PARCELID#"-1?, "(' 0....'..,...".'-"
,... :..1-, I Vf._i'v
CASE # A28-96
STAFF: Bob Nevins
PROJECT NAME:
Project Address:
APPLICANT:
Address/Phone:
REPRESENT ATNE: Alan Richman
Address/Phone: . P.O. Box 3613 Aspen, CO 81612 920-1125
Bell Mountain Lodge Extension of GMQS Allocation & Vested Rights
720 E. Cooper Avenue
Bell Mountain Limited Liability Co.
FEES:
PLANNING
ENGINEER
HOUSING
ENV HEALTH
TOTAL
$235
$0
$0
$0
$235
# APPS RECENED I
# PLATS RECENED I
TYPE OF APPLICATION:
One Step
Re, ie\\ Bod) l\leeting Date Puhlic Hearing .?
P&Z
CC
CC (2nd readin )
DNo
[3No
DNo
REFERRALS:
~ity Attorney
o City Engineer
o Zoning
o Housing
o Environmental Health
o Parks
DATE REFERRED: 411')
.
o Aspen Fire Marshal
o City Water
o City Electric
o Clean Air Board
o Open Space Board
o Other:
INITIALS: vLH
o CDOT
o ACSD
o Holy Cross Electric
o Rocky Mtn Natural Gas
o Aspen School District
o Other:
DATE DUE: ~
CQ;~:~an:1esolution # Iv - "Ie., wA
St~~~al' Ofg; .39-4t4
Plat Recorded: "-.
APPROVAL:
Date:
> Date:
Book
t:j -/;- ")b
ulllJ q Id
, Page
CLOSED/FILED
ROUTE TO:
DATE:
INITIALS:
ORDINANCE NO. 39
(SERIES OF 1996)
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, AND EXTENDED BY ORDINANCE NO. 15, SERIES OF 1995, AND EXTENDED BY
ORDINANCE NO. 16, SERIES OF 1996 FOR THE BELL MOUNTAIN LODGE
REDEVELOPMENT, 720 EAST COOPER AVENUE CITY OF ASPEN, COLORADO.
WHEREAS, pursuantto Section 26.100.100 of the Aspen Municipal Code, City Council may grant
an extension of GMQS allocations up to six (6) months for developments other than detached residential
and duplex units; and
WHEREAS, on February 22, 1993, City Council adopted Ordinance No.3, Series of 1993, which
approved a GMQS allocation for the redevelopment of the Bell Mountain Lodge at 720 East 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 three (3) prior six-month extensions which extended the GMQS
allocation and vested rights to August 22, 1997; 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 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, on July 12, 1993, to coincide with the GMQS allocation
extension; and
1
- . .._-. -
WHEREAS, the Planning Office, having reviewed the application recommends approval of
another 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 COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1:
Pursuant to Section 26.100.100 of the 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 No. 51, Series of 1994, Ordinance No. 15, Series of 1995, and Ordinance No. 16,
Series of 1996, for the Bell Mountain Lodge at 720 East Cooper A venue beginning August 22, 1997 and
ending February 22, 1998.
Section 2:
Pursuant to Section 26.52.080 of the Municipal Code and C.R.S. 24-68-104(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 East Cooper Avenue as approved by Ordinance 37, Series of 1993, to February 22,
1998, with the following conditions:
1. Extension ofvested rights shall be for six (6) months from August 22, 1997 to February 22, 1998.
2. Rights granted by the site specific development plan approved by this Ordinance shall remain
vested for a total of five (5) years from February 22. 1993, which was retroactively approved by
Ordinance No. 37, Series of 1993, adopted on July 12. 1993. However, any failure to abide by the
terms and conditions attendant to this approval shall result in forfeiture of said vested 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 shali 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
2
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, ftre. plumbing, electrical and mechanical codes, unless an
exemption therefrom is granted in writing.
Section 3:
The City Clerl<: 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.
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 (IS) days prior to which hearing a public
notice of the same shall be published one iil 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
3
V,\\ a.,
TO:
MEMORANDUM
Mayor and City Council \ /
Amy Margerum, City Manager~
Stan Clauson, Community Development Directo&
THRU:
THRU:
FROM:
Bob Nevins, City Planner
DATE:
November 11, 1996
RE:
Bell Mountain Lodge Extension of GMQS Allocation and Vested Rights
Parcel I.D. No. 2737-182-27-003
Second Reading of Ordinance No. 39, Series of 1996 - Public Hearing
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
allocation and vested rights from August 22, 1997 to February 22, 1998.
The applicant also requests Council to waive the land use application fee in consideration
of their continued willingness to cooperate with the City in achieving Independence
Place, a potential public/private development project.
The application submitted by the applicant is attached as Exhibit A. The proposed
Ordinance No. 39 (Series of 1996), is attached as Exhibit B.
Community Development staff recommend the 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, as represented by Alan
Richman of Alan Richman Planning Services.
PREVIOUS COUNCIL ACTION: Ordinance 39, first reading, was brought before
Council as a Consent Calendar matter on October 15, 1996. The motion for approval was
passed unanimously.
CURRENT STATUS: Economic and Planning Systems of Berkeley, California has been
identified to perform a financial analysis of the Independence Place development. In
addition, responses from seven architectural/planning firms were received and reviewed
by the Community Development Office.
Staff recommended to Council that the team of Design Workshop, Inc. (DWI) and Cottle
Graybeal Yaw Architects, Ltd. (CGY), both of Aspen, and Economic and Planning
Systems be engaged to prepare the urban design studies and fiscal analysis necessary for
the proposal to be brought before the City electorate. Final contract negotiations are
currently underway.
BACKGROUND: A total Growth Management Quota System (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 total GMQS allocation was based on
the accumulation of: ten (10) lodge units from the 1992 GMP competition; ten (10) lodge
units from the future 1993 GMP competition; and two (2) lodge units from the future
1994 GMP competition. Vested rights were granted retroactively to the project via
Ordinance 37 (Series of 1993) adopted on July 12, 1993. The GMQS allocation and
vested rights were to expire on February 22, 1996, three (3) years from the date they were
originally granted.
The applicant has since been granted three (3) extensions of the GMQS lodge unit
allocation and vested rights. Ordinance 51 (Series of 1994), adopted October 11,1994,
extended the GMQS allocation to August 22, 1996. Extension of vested rights was not
addressed at that time. A second extension of the GMQS allocation, including vested
rights status, was granted via Ordinance 15 (Series of 1995). Ordinance 16 (Series of
1996) extends the development orders until August 22, 1997.
Since Council's initial approval of the GMQS lodge unit allocation, Bell Mountain
Limited Liability Company acquired the property. Shortly after their purchase in 1993,
the applicant agreed to work together with the City in a joint public/private partnership to
be known as Independence Place. The proposal includes the potential creation of an
underground municipal parking garage and the redevelopment of the Bell Mountain
Lodge and the adjoining City Market and Buckhorn Lodge properties as a unified project.
The Independence Place project is continuing forward. Conceptual massing studies along
with economic feasibility analysis will be conducted by the consultant team later this Fall.
The applicant remains interested in achieving a project that can benefit the community
while being economically viable. Additionally, the applicant does not want their lodge
development timetable to interfere with the City's opportunity to fully explore the
potential ways of realizing Independence Place, including bringing the matter before the
electorate in the coming months.
By approving this extension to February 22, 1998, further exploration and refinement of
the Independence Place proposal can be undertaken without jeopardizing the potential of
the current redevelopment project or applicant's GMQS lodge unit allocation.
STAFF COMMENTS: Section 26.100.100, Expiration of development order, of the
Municipal Code states that development allotments and all other development approvals
shall expire on the day after the third anniversary of this date, unless a building permit is
obtained and the project is developed, or unless an exemption from or extension of the
approval is obtained.
Developments of any type other than a subdivision composed of detached residential or
duplex units shall be eligible for extension of these expiration provisions. To obtain an
extension, an application for extension shall be submitted prior to the third anniversary of
the date of approval of a site specific development plan which shall demonstrate to the
satisfaction of City Council that:
a) Those conditions applied to the project at the time of its final approval that were to
have been met as of the date of application for exemption have been complied with;
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 building plans have been submitted for building permits.
b) Any improvements that 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 until the issuance of
building permits.
c) The project has been diligently pursued in all reasonable respects, and the extension
is in the best interests of the community.
RESPONSE: The. applicant, along with the City, has been pursuing the Independence
Place redevelopment project for the past three (3) years. It is in the community's interest
for the project planning and feasibility studies to proceed forward at this time.
STAFF RECOMMENDATION: Community Development Staff recommends approval
for a six (6) month extension ofthe 1993 GMQS lodge unit allocations and the extension
of vested rights for the Bell Mountain Lodge at 720 East Cooper Avenue.
The six (6) month extension shall begin upon the expiration ofthe current extension
which is August 22, 1997. This extension of the GMQS allocations and vested rights
status for the Bell Mountain Lodge shall then expire on February 22, 1998.
Staff also recommends that due to the applicant's participation and continued
involvement in the Independence Place project, the land use application fees be waived
for this extension request.
ALTERNATIVE RECOMMENDATIONS: City Council may approve the applicant's
request; approve additional conditions; or disapprove the request for extension of
GMQS allocation and vested rights status.
RECOMMENDED MOTION: "I move to adopt Ordinance No. 39, Series of 1996, on
second reading, which extends the 1993 GMQS lodge unit allocation and vested rights
status for the Bell Mountain Lodge at 720 East Cooper A venue from August 22, 1997 to
February 22, 1998 and to waive the land use fees for this application.
CITY MANAGER'S COMMENTS:
EXHffiITS:
A) Application for Extension of GMQS allocation and vested rights
B) Ordinance No. 39 (Series of 1996)
~,_--_,----~"'^"'~--
At-~-=-~
B_ 3613 A4f-. /3,tIT'f.p.. K1612 fD'-e/"Ju. (970) 92()-1125
August 20, 1996
Mr Stan Cla"'o" Cc=..";.... "e"Alop~Ant 1"'\;~c"._-
J,..... _ ,~...., w..a.u~J ~ ........1. .u..a", .l.Ju. "'''Vl
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
RE: EXl'El'fSION 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 Applicant"), 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
Tne 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 applicant has since been granted three (3) 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. Most recently,
Ordinance 16, Series of 1996, extended the allocation and vested rights to August 22, 1997.
Exhibit A
Mr. Stan Qauson
August 20, 1996
Page Two
Request
The applicant hereby requests 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,
1998. Our reasons for submitting this request are as follows.
Almost immediately after the Bell Mountain Limited Liability Company purchased this
property in 1993, the owners agreed to work together with the City as a partner in an effort
to rC>l 1i7e a julltL pUblic/pr; vale partnership to l:reaLe municipal packing beneath uleir
property and the adjoining City Market and Buckhorn Lodge properties. The owners
remain interested in achieving a project that can be of benefit to the community and that
is economically viable. However, because they have worked toward achievement of the
partnership during the last three (3) years, they have not gone forward with the development
of their approved project, placing their investment in the property at some risk.
It had been our understanding that the City was going to move forward during 1996 with an
,urban design analysis and an economic analysis of the public/private project prior to
undertaking an advisory election. Therefore, we applied for an extension of our lodge
allotments in March of this year, which was granted in May, to allow the City the
opportunity to fully explore the potential ways to realize this partnership. It has now been
almost 6 months since. we submitted that application and while the money for the studies has
been budgeted, there has been no progress on initiating the actual studies.
The owners continue to be willing to work with the City on the public/private partnership
and do not wish for the lodge development timetable to interfere with its possible
realization. We need to obtain an additional extension at this time so we can delay our need
to begin preparing working drawings and to obtain financing for development of the lodge
project within the next few months, Approval of this extension will hopefully allow these
studies to be completed and for the City to move forward with an election, if necessary.
Our attorneys request that one minor change be made to the language of the Ordinance.
We request that Section 2 of the Ordinance make reference to the applicable vested rights
state statute, in addition to the Municipal Code section already cited, to read as follows:
"Pursuant to Section 26.52.080 of the Municipal Code and c.R.S. 24-68-104
(2), City Council does hereby grant.."
As was the case with the prior extension, we also request that the City waive the fee for this
application. We feel that this extension is necessitated only because of our willingness to
cooperate with the City to achieve a public purpose and that we should not be charged for
processing this relatively simple matter.
Mr. Stan Clauson
August 20, 1996
Page Three
You should be able to find in your files a letter from Jim Valerio that confirms that I am
authorized to submit this application on behalf of the Bell Mountain Limited Uability
Company. Please call me if there is anything else that you require.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
~~ e:J.
Alan Richman, A1CP
ORDINANCE NO. 39
(SERIES OF 1996)
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, AND EXTENDED BY ORDINANCE NO. 15, SERIES OF 1995, AND EXTENDED BY
ORDINANCE NO. 16, SERIES OF 1996 FOR THE BELL MOUNTAIN LODGE
REDEVELOPMENT, 720 EAST COOPER AVENUE CITY OF ASPEN, COLORADO.
WHEREAS, pursuant to Section 26.100.100 ofthe Aspen Municipal Code, City Council may grant
an extension of GMQS allocations up to six (6) months for developments other than detached residential
and duplex units; and
WHEREAS, on February 22, 1993, City Council adopted Ordinance No.3, Series of 1993, which
approved a GMQS allocation for the redevelopment of the Bell Mountain Lodge at 720 East 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 three (3) prior six-month extensions which extended the GMQS
allocation and vested rights to August 22, 1997; 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 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, on July 12, 1993, to coincide with the GMQS allocation
extension; and
1
Exhibit B
WHEREAS, the Planning Office, having reviewed the application recommends approval of
another 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 COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1:
Pursuant to Section 26.100.1 00 of the 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 No. 51, Series of 1994, Ordinance No. 15, Series of 1995, and Ordinance No. 16,
Series of 1996, for the Bell Mountain Lodge at 720 East Cooper Avenue beginning August 22, 1997 and
ending February 22, 1998.
Section 2:
Pursuant to Section 26.52.080 of the Municipal Code and C.R.S. 24-68-104(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 East Cooper Avenue as approved by Ordinance 37, Series of 1993, to February 22,
1998, with the following conditions:
I. Extension of vested rights shall be for six (6) months from August 22, 1997 to February 22, 1998.
2. Rights granted by the site specific development plan approved by this Ordinance shall remain
vested for a total of five (5) years from February 22, 1993, which was retroactively approved by
Ordinance No. 37, Series of 1993, adopted on July 12, 1993. However, any failure to abide by the
terms and conditions attendant to this approval shall result in forfeiture of said vested 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
2
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.
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
3
ORDINANCE NO. 39
(SERIES OF 1996)
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, AND EXTENDED BY ORDINANCE NO. 15, SERIES OF 1995, AND EXTENDED BY
ORDINANCE NO. 16, SERIES OF 1996 FOR THE BELL MOUNTAIN LODGE......
REDEVELOPMENT, 720 EAST COOPER AVENUE CITY OF ASPEN, 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 (6) months for developments other than detached residential
and duplex units; and
WHEREAS, on February 22, 1993, City Council adopted Ordinance No.3, Series of 1993, which
approved a GMQS allocation for the redevelopment of the Bell Mountain Lodge at 720 East 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 three (3) prior six-month extensions which extended the GMQS
allocation and vested rights to August 22, 1997; 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 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, on July 12, 1993, to coincide with the GMQS allocation
extension; and
1
Exhibit B
WHEREAS, the Planning Office, having reviewed the application recommends approval of
another 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 COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1:
Pursuant to Section 26.100.100 of the 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 No. 51, Series of 1994, Ordinance No. 15, Series of 1995, and Ordinance No. 16,
Series of 1996, for the Bell Mountain Lodge at 720 East Cooper A venue beginning August 22, 1997 and
ending February 22, 1998.
Section 2:
Pursuant to Section 26.52.080 of the Municipal Code and C.R.S. 24-68-104(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 East Cooper Avenue as approved by Ordinance 37, Series of 1993, to February 22,
1998, with the following conditions:
I. Extension of vested rights shall be for six (6) months from August 22, 1997 to February 22, 1998.
2. Rights granted by the site specific development plan approved by this Ordinance shall remain
vested for a total of five (5) years from February 22, 1993, which was retroactively approved by
Ordinance No. 37, Series of 1993, adopted on July 12, 1993. However, any failure to abide by the
terms and conditions attendant to this approval shall result in forfeiture of said vested 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
2
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
mecl'1anical 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 fmal adoption hereof.
Section 4:
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason heW 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
3
PUBLIC NOTICE
RE: BELL MOUNTAIN LODGE EXTENSION OF GMQS ALLOCATION AND
VESTED RIGHTS
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, November 11,1996
at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City
Hall, 130 S. Galena St., Aspen, to consider an application submitted by Bell Mountain Limited
Liability Company, requesting another 6 month extension to February 22, 1998 of their 1993
Lodge GMQS allocation and vested rights status. The property is located at 720 E. Cooper. For
further information, contact Bob Nevins at the AspeniPitkin Community Development Department,
130 S. Galena St., Aspen, CO (970) 920-5102.
stjohn Bennett. Mayor
Aspen City Council
Published in the Aspen Times on October 26, 1996
City of Aspen Account
Alan ~lch man IO/J-:Ajq/.p 10+.
I/'!:J-t:~-
AGENDA
October 15, 1996
5:00 COUNCIL MEETING
I. Call to order
II. Roll call
,
III.
Scheduled Public Appearances
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT on the agenda. Please limit your comments to 3 minutes)
V. Special Orders of the day
a) Mayor's comments
b) Councilmembers' comments
c) City Manager's comments
VI. Consent Calendar (These matters may be adopted together by a single motion)
a) Minutes - September 3, 5, 24, 1996
b) 1996 AMP Budget Changes
c) Resolution #56, 1996 - Contract Approval Automated Parking Ticket Mgmt
d) Ordinance #38, 1996 - Text Amendments - Land Use Code Clarifications
e) Resolution #60, 1996 - Holy Cross Easement for Water Treatment Plant
f) Ordinance #39, 1996 - Bell Mountain Lodge GMQS Extension
g) Resolution #58, 1996 - Approving Expenditures from 1/2 Cent Transportation Tax
h) Resolution #57, 1996 - Approving Ski Company 50th Anniversary Banners
VII. Public Hearings
a) Ordinance #36, 1996 - Late Charges Utility Payments
b) Ordinance #37, 1996 - Code Amendment - Veterinarian Clinic
VIII. Action Items
a) Appeal of Interpretation Ordinance #1, Housing Replacement
b) Resolution #59, 1996 - Opposing State Amendments #11 and #13 - Property Tax
Exemptions and Liberalizing Petitions
IX. Information Items
a) Small Lodge Lottery/Change in Use Process
b) Independence Place Contracts
X. Request for Executive Session - Potential Property Acquisition
,,'
XI. Adjournment
, Next Regular Meeting October 28. 1996
COUNCIL MEETS AT NOON FOR AN INFORMAL PUBLIC DISCUSSION, BASEMENT MEETING
ROOM
V\-f
MEMORANDUM
THRU:
Mayor and City Council
Amy Margerum, City Manager~ /zY'
i ..-;
Stan Clauson, Community Development Director /
Dave Michaelson, Deputy Director
TO:
THRU:
FROM:
Bob Nevins, City Planner
DATE:
October 15, 1996
RE:
Bell Mountain Lodge Extension of GMQS Allocation and Vested Rights
Parcel I.D. No. 2737-182-27-003
First Reading of Ordinance No. 39, Series of 1996
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
allocation and vested rights from August 22, 1997 to February 22, 1998.
The applicant also requests Council to waive the land use application fee in consideration
of their continued willingness to cooperate with the City in achieving Independence
Place, a potential public/private development project.
The application submitted by the applicant is attached as Exhibit A. The proposed
Ordinance No. 39 (Series of 1996), is attached as Exhibit B.
Community Development staffrecommend the six (6) month extension ofthe 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, as represented by Alan
Richman of Alan Richman Planning Services.
PREVIOUS COUNCIL ACTION: Ordinance 16, first reading, was brought before
Council as a Consent Calendar matter on April 22, 1996. The motion for approval was
passed unanimously and without discussion. The second reading of the ordinance was a
public hearing before Council on May 13, 1996. There were no public comments and
Council passed Ordinance 16 unanimously.
CURRENT STATUS: Economic and Planning Systems of Berkeley, California has been
identified to perform a financial analysis of the Independence Place development. In
addition, responses from seven architectural/planning firms were received and reviewed
by the Community Development Office.
Staff recommends to Council that the team of Design Workshop, Inc. (DWI) and Cottle
Graybeal Yaw Architects, Ltd. (CGY), both of Aspen, and Economic and Planning
Systems be engaged to prepare the urban design studies and fiscal analysis necessary for
the proposal to be brought before the City electorate.
BACKGROUND: A total Growth Management Quota System (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 total GMQS allocation was based on
the accumulation of: ten (10) lodge units from the 1992 GMP competition; ten (10) lodge
units from the future 1993 GMP competition; and two (2) lodge units from the future
1994 GMP competition. Vested rights were granted retroactively to the project via
Ordinance 37 (Series of 1993) adopted on July 12, 1993. The GMQS allocation and
vested rights were to expire on February 22, 1996, three (3) years from the date they were
originally granted.
The applicant has since been granted three (3) extensions of the GMQS lodge unit
allocation and vested rights. Ordinance 51 (Series of 1994), adopted October 11,1994,
extended the GMQS allocation to August 22, 1996. Extension of vested rights was not
addressed at that time. A second extension of the GMQS allocation, including vested
rights status, was granted via Ordinance 15 (Series of 1995). Ordinance 16 (Series of
1996) extends the development orders until August 22, 1997.
Since Council's initial approval of the GMQS lodge unit allocation, Bell Mountain
Limited Liability Company acquired the property. Shortly after their purchase in 1993,
the applicant agreed to work together with the City in a joint public/private partnership to
be known as Independence Place. The proposal includes the potential creation of an
underground municipal parking garage and the redevelopment of the Bell Mountain
Lodge and the adjoining City Market and Buckhorn Lodge properties as a unified project.
The Independence Place project is continuing forward. Conceptual massing studies along
with economic feasibility analysis will be conducted by the consultant team later this Fall.
The applicant remains interested in achieving a project that can benefit the community
while being economically viable. Additionally, the applicant does not want their lodge
development timetable to interfere with the City's opportunity to fully explore the
potential ways of realizing Independence Place, including bringing the matter before the
electorate in the coming months.
By approving this extension to February 22, 1998, further exploration and refinement of
the Independence Place proposal can be undertaken without jeopardizing the potential of
the current redevelopment project or applicant's GMQS lodge unit allocation.
~.
STAFF COMMENTS: Section 26.100.100, Expiration of development order, of the
Municipal Code states that development allotments and all other development approvals
shall expire on the day after the third anniversary of this date, unless a building permit is
obtained and the project is developed, or unless an exemption from or extension of the
approval is obtained.
Developments of any type other than a subdivision composed of detached residential or
duplex units shall be eligible for extension of these expiration provisions. To obtain an
extension, an application for extension shall be submitted prior to the third anniversary of
the date of approval of a site specific development plan which shall demonstrate to the
satisfaction of City Council that:
a) Those conditions applied to the project at the time of its final approval that were to
have been met as of the date of application for exemption have been complied with;
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 building plans have been submitted for building permits.
b) Any improvements that 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 until the issuance of
building permits.
c) The project has been diligently pursued in all reasonable respects, and the extension
is in the best interests of the community.
RESPONSE: The applicant, along with the City, has been pursuing the Independence
Place redevelopment project for the past three (3) years. It is in the community's interest
for the project planning and feasibility studies to proceed forward at this time.
ST AFF RECOMMENDATION: Community Development Staff recommends approval
for a six (6) month extension of the 1993 GMQS lodge unit allocations and the extension
of vested rights for the Bell Mountain Lodge at 720 East Cooper Avenue.
The six (6) month extension shall begin upon the expiration of the current extension
which is August 22, 1997. This extension of the GMQS allocations and vested rights
status for the Bell Mountain Lodge shall then expire on February 22, 1998.
Staff also recommends that due to the applicant's participation and continued
involvement in the Independence Place project, the land use application fees be waived
for this extension request.
ALTERNATIVE RECOMMENDATIONS: City Council may approve the applicant's
request; approve additional conditions; or disapprove the request for extension of
GMQS allocation and vested rights status.
RECOMMENDED MOTION: "I move to adopt Ordinance No. 39, Series of 1996, on
first reading, which extends the 1993 GMQS lodge unit allocation and vested rights status
for the Bell Mountain Lodge at 720 East Cooper A venue from August 22, 1997 to
February 22, 1998 and to waive the land use fees for this application.
CITY MANAGER'S COMMENTS:
EXHffiITS:
A) Application for Extension of GMQS allocation and vested rights
B) Ordinance No. 39 (Series of 1996)
'1'~ s~
A~ ieidllt4",
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August 20, 1996
Mr.. Stan Clauson, Community Development Director
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
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 Applicant"), 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
Tne Ben 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 applicant has since been granted three (3) 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. Most recently,
Ordinance 16, Series of 1996, extended the allocation and vested rights to August 22, 1997.
Exhibit A
Mr. Stan Qauson
August 20, 1996
Page Two
Request
The applicant hereby requests 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,
1998. Our reasons for submitting this request are as follows.
Almost immediately after the Bell Mountain Umited Liability Company purchased this
property in 1993, the owners agreed to work together with the City as a partner in an effort
to realize u jUilll public/private: partnership to cn::ale municipal paiking beneath their
property and the adjoining City Market and Buckhorn Lodge properties. The owners
remain interested in achieving a project that can be of benefit to the community and that
is economically viable. However, because they have worked toward achievement of the
partnership during the last three (3) years, they have not gone forward with the development
of their approved project, placing their investment in the property at some risk.
It had been our understanding that the City was going to move forward during 1996 with an
.urban design analysis and an economic analysis of the public/private project prior to
undertaking an advisory election. Therefore, we applied for an extension of our lodge
allotments in March of this year, which was granted in May, to allow the City the
opportunity to fully explore the potential ways to realize this partnership. It has now been
almost 6 months since we submitted that application and while the money for the studies has
been budgeted, there has been no progress on initiating the actual studies.
The owners continue to be willing to work with the City on the public/private partnership
and do not wish for the lodge development timetaole to interfere with its possible
realization. We need to obtain an additional extension at this time so we can delay our need
to begin preparing working drawings and to obtain financing for development of the lodge
project within the next few months, Approval of this extension will hopefully allow these
studies to be completed and for the City to move forward with an election, if necessary.
Our attorneys request that one minor change be made to the language of the Ordinance.
We request that Section 2 of the Ordinance make reference to the applicable vested rights
state statute, in addition to the Municipal Code section already cited, to read as follows:
"Pursuant to Section 26.52.080 of the Municipal Code and CR.S. 24-68-104
(2), City Council does hereby grant..."
As was the case with the prior extension, we also request that the City waive the fee for this
application. We feel that this extension is necessitated only because of our willingness to
cooperate with the City to achieve a public purpose and that we should not be charged for
processing this relatively simple matter.
Mr. Stan Clauson
August 20, 1996
Page Three
You should be able to find in your files a letter from Jim Valerio that confirms that I am
authorized to submit this application on behalf of the Bell Mountain Umited Liability
Company. Please call me if there is anything else that you require.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
k~ e;..J
Alan Richman, AICP
ORDINANCE NO. 39
(SERIES OF 1996)
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, AND EXTENDED BY ORDINANCE NO. 15, SERIES OF 1995, AND EXTENDED BY
ORDINANCE NO. 16, SERIES OF 1996 FOR THE BELL MOUNTAIN LODGE
REDEVELOPMENT, 720 EAST COOPER AVENUE CITY OF ASPEN, 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 (6) months for developments other than detached residential
and duplex units; and
WHEREAS, on February 22, 1993, City Council adopted Ordinance No.3, Series of 1993, which
approved a GMQS allocation for the redevelopment of the Bell Mountain Lodge at 720 East 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 three (3) prior six-month extensions which extended the GMQS
allocation and vested rights to August 22, 1997; 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 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, on July 12, 1993, to coincide with the GMQS allocation
extension; and
1
Exhibit B
WHEREAS, the Planning Office, having reviewed the application recommends approval of
another 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 COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1:
Pursuant to Section 26.100.100 of the 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 No. 51, Series of 1994, Ordinance No. 15, Series of 1995, and Ordinance No. 16,
Series of 1996, for the Bell Mountain Lodge at 720 East Cooper Avenue beginning August 22, 1997 and
ending February 22, 1998.
Section 2:
Pursuant to Section 26.52.080 of the Municipal Code and C.R.S. 24-68-104(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 East Cooper Avenue as approved by Ordinance 37, Series of 1993, to February 22,
1998, with the following conditions:
I. Extension of vested rights shall be for six (6) months from August 22, 1997 to February 22, 1998.
2. Rights granted by the site specific development plan approved by this Ordinance shall remain
vested for a total of five (5) years from February 22, 1993, which was retroactively approved by
Ordinance No. 37, Series of 1993, adopted on July 12, 1993. However, any failure to abide by the
terms and conditions attendant to this approval shall result in forfeiture of said vested rights.
3. The approval granted hereby shall be subject to all rights ofreferendum 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 th the approvals granted and vested herein.
5. The establishment herein of a vested property right shall not preclude the application of ordinances
2
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.
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
A TrEST:
Kathryn S. Koch, City Clerk
3
MEMORANDUM
TO:
Mayor and City Council
THRU:
Amy Margerum, City Manager .-f /
Stan Clauson, Community Development Directo;'J
Dave Michaelson, Deputy Director
THRU:
FROM:
Bob Nevins. City Planner
DATE:
October 15, 1996
RE:
Bell Mountain Lodge Extension of GMQS Allocation and Vested Rights
Parcell.D. No. 2737-182-27-003
First Reading of Ordinance No. 39, Series of 1996
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
allocation and vested rights from August 22,1997 to February 22,1998.
The applicant also requests Council to waive the land use application fee in consideration
of their continued willingness to cooperate with the City in achieving Independence
Place, a potential public/private development project.
The application submitted by the applicant is attached as Exhibit A. The proposed
Ordinance No. 39 (Series of 1996), is attached as Exhibit B.
Community Development staff recommend the 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, as represented by Alan
Richman of Alan Richman Planning Services.
PREVIOUS COUNCIL ACTION: Ordinance 16, first reading, was brought before
Council as a Consent Calendar matter on April 22, 1996. The motion for approval was
passed unanimously and without discussion. The second reading of the ordinance was a
public hearing before Council on May 13, 1996. There were no public comments and
Council passed Ordinance 16 unanimously.
CURRENT STATUS: Economic and Planning Systems of Berkeley, California has been
identified to perform a financial analysis of the Independence Place development. In
addition. responses from seven architectural/planning firms were received and reviewed
by the Community Development Office.
Staff recommends to Council that the team of Design Workshop, Inc. (DWI) and Cottle
Graybeal Yaw Architects. Ltd. (CGY), both of Aspen, and Economic and Planning
Systems be engaged to prepare the urban design studies and fiscal analysis necessary for
the proposal to be brought before the City electorate.
BACKGROUND: A total Growth Management Quota System (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 total GMQS allocation was based on
the accumulation of: ten (10) lodge units from the 1992 GMP competition; ten (10) lodge
units from the future 1993 GMP competition; and two (2) lodge units from the future
1994 GMP competition. Vested rights were granted retroactively to the project via
Ordinance 37 (Series of 1993) adopted on July 12, 1993. The GMQS allocation and
vested rights were to expire on February 22. 1996, three (3) years from the date they were
originally granted.
The applicant has since been granted three (3) extensions of the GMQS lodge unit
allocation and vested rights. Ordinance 51 (Series of 1994), adopted October 11.1994,
extended the GMQS allocation to August 22, 1996. Extension of vested rights was not
addressed at that time. A second extension of the GMQS allocation, including vested
rights status, was granted via Ordinance 15 (Series of 1995). Ordinance 16 (Series of
1~96) extends the development orders until August 22,1997.
Since Council's initial approval of the GMQS lodge unit allocation. Bell Mountain
Limited Liability Company acquired the property. Shortly after their purchase in 1993,
the applicant agreed to work together with the City in a joint public/private partnership to
be known as Independence Place. The proposal includes the potential creation of an
underground municipal parking garage and the redevelopment of the Bell Mountain
Lodge and the adjoining City Market and Buckhorn Lodge properties as a unified project.
The Independence Place project is continuing forward. Conceptual massing studies along
with economic feasibility analysis will be conducted by the consultant team later this Fall.
The applicant remains interested in achieving a project that can benefit the community
while being economically viable. Additionally, the applicant does not want their lodge
development timetable to interfere with the City's opportunity to fully explore the
potential ways of realizing Independence Place, including bringing the matter before the
electorate in the coming months.
By approving this extension to February 22. 1998, further exploration and refinement of
the Independence Place proposal can be undertaken without jeopardizing the potential of
the current redevelopment project or applicant's GMQS lodge unit allocation.
STAFF COMMENTS: Section 26.100.100, Expiration of development order. of the
Municipal Code states that development allotments and all other development approvals
shall expire on the day after the third anniversary of this date. unless a building permit is
obtained and the project is developed, or unless an exemption from or extension of the
approval is obtained.
Developments of any type other than a subdivision composed of detached residential or
duplex units shall be eligible for extension of these expiration provisions. To obtain an
extension, an application for extension shall be submitted prior to the third anniversary of
the date of approval of a site specific development plan which shall demonstrate to the
satisfaction of City Council that:
a) Those conditions applied to the project at the time of its final approval that were to
have been met as of the date of application for exemption have been complied with;
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 building plans have been submitted for building permits.
b) Any improvements that 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 until the issuance of
building permits.
c) The project has been diligently pursued in all reasonable respects, and the extension
is in the best interests of the community.
RESPONSE: The applicant, along with the City, has been pursuing the Independence
Place redevelopment project for the past three (3) years. It is in the community's interest
for the project planning and feasibility studies to proceed forward at this time.
STAFF RECOMMENDATION: Community Development Staff recommends approval
for a six (6) month extension of the 1993 GMQS lodge unit allocations and the extension
of vested rights for the Bell Mountain Lodge at 720 East Cooper A venue.
The six (6) month extension shall begin upon the expiration of the current extension
which is August 22. 1997. This extension of the GMQS allocations and vested rights
status for the Bell Mountain Lodge shall then expire on February 22, 1998.
Staff also recommends that due to the applicant's participation and continued
involvement in the Independence Place project, the land use application fees be waived
for this extension request.
ALTERNATNE RECOMMENDATIONS: City Council may approve the applicant's
request; approve additional conditions; or disapprove the request for extension of
GMQS allocation and vested rights status.
RECOMMENDED MOTION: "I move to adopt Ordinance No. 39, Series of 1996, on
first reading, which extends the 1993 GMQS lodge unit allocation and vested rights status
for the Bell Mountain Lodge at 720 East Cooper Avenue from August 22, 1997 to
February 22. 1998 and to waive the land use fees for this application.
CITY MANAGER'S COMMENTS:
EXHIBITS:
A) Application for Extension of GMQS allocation and vested rights
B) Ordinance No. 39 (Series of 1996)
~f4.~~~-
S'_ 3613 A'/I~"" t!"~'u-l. rt612 fD~7- {97tJ} 92tJ-1125
August 20, 1996
,...." Stan rhUS"" C"=',ni+u n_..a10"".-o....t 1""\;,!,,"'_"'_
~\(l... _ _~ ........., ~ ~J ,I,J...."........ i"u..u..u JJU\,oo"""uJ.
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
RE: J!XT.t:NSION OF BELL MOUNTAIN LODGE GMQS ALLOCATION
Dear Stan,
This letter is submitted on behalf of my client, the Bell Mountain Limited Uability Company
(hereinafter, "the Applicant"), 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
Tne Bell Mountain Lodge was awarded a Growtn 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 applicant has since been granted three (3) 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. Most recently,
Ordinance 16, Series of 1996, extended the allocation and vested rights to August 22, 1997.
Exhibit A
Mr. Stan Causon
August 20, 1996
Page Two
Request
The applicant hereby requests 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,
1998. Our reasons for submitting this request are as follows.
Almost immediately after the Bell Mountain Limited Liability Company purchased this
property in 1993, the owners agreed to work together with the City as a partner in an effort
to realize u jullii. public/privaLe: plUint:rship IO creaLe municipal pa.iking beneath their
property and the adjoining City Market and Buckhorn Lodge properties. The owners
remain interested in achieving a project that can be of benefit to the community and that
is economically viable. However, because they have worked toward achievement of the
partnership during the last three (3) years, they have not gone forward with the development
of their approved project, placing their invesnnentin the property at some risk.
It had been our understanding that the City was going to move forward during 1996 with an
.urban design analysis and an economic analysis of the public/private project prior to
undertaking an advisory election. Therefore, we applied fur an extension of our lodge
allotments in March of this year, which was granted in May, to allow the City the
opportunity to fully c:xplorethe potential ways to realize this partnership. It has now been
almost 6 months since.we submitted that application and while the money for the studies has
been budgeted, there has been no progress on initiating the actual studies.
The owners continue to be willing to work with the City on the public/private partnership .
and do not wish for the lodge development timetable to interfere with its possible
realization. We need to obtain an additional extension at this time so we can delay our need
to begin preparing working drawings and to obtain financing for development of the lodge
project within the next few months, Approval of this extension will hopefully allow these
studies to be completed and far the City to move forward with an election, if necessary.
Our attorneys request that one minor change be made to the language of the Ordinance.
We request that Section 2 of the Ordinance make reference to the applicable vested rights
state statute, in addition to the Municipal Code section already cited, to read as follows:
"Pursuant to Section 26.52.080 of the Municipal Code a1ld eR.s. 24-68-104
(2), City Council does hereby grant._"
As was the case with the prior extension, we also request that the City waive the fee for this
application. We feel that this extension is necessitated only because of our willingness to
cooperate with the City to achieve a public purpose and that we should not be charged for
processing this relatively simple matter.
Mr. Stan Clauson
August 20, 1996
Page Three
You should be able to find in your files a letter from Jim Valerio that confirms that I am
authorized to submit this application on behalf of the Bell Mountain Limited Liability
Company. Please call me if there is anything else that you require.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
Ar~ e;J.
Alan Richman, AlCP
;'/f4H, ;e~
/'-/
'1'~ SewiCU
Z'cM' 361 3 ?I~ ed~"4,{~ r 1612
'P~';_ (970) 920-1125
August 20, 1996
Mr. Stan Clauson, CommurJt"j Developlnent Director
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
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 Applicant"), 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 frorn the date they were granted, that being February 22, 1996.
The applicant has since been granted three (3) 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. Most recently,
Ordinance 16, Series of 1996, extended the allocation and vested rights to August 22, 1997.
Mr. Stan C:lauson
August 20, 1996
Page Two
Request
The applicant hereby requests 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,
1998. Our reasons for submitting this request are as follows.
Almost imrnediately after the Bell Mountain Limited Liability C:ompany purchased this
property in 1993, the owners agreed to work together with the Gty as a partner in an effort
to realize u juiut public/private partnership to neale municipal pa.rking beneath their
property and the adjoining City Market and Buckhorn Lodge properties. The owners
remain interested in achieving a project that can be of benefit to the community and that
is economically viable. However, because they have worked toward achievement of the
partnership during the last three (3) years, they have not gone forward with the developrnent
of their approved project, placing their investrnent in the property at sorne risk.
It had been our understanding that the City was going to move forward during 1996 with an
urban design analysis and an economic analysis of the public/private project prior to
undertaking an advisory election. Therefore, we applied for an extension of our lodge
allotments in March of this year, which was granted in May, to allow the Gty the
opportunity to fully explore ,the potential ways to realize this partnership. It has now been
almost 6 months since we submitted that application and while the money for the studies has
been budgeted, there has been no progress on initiating the actual studies.
The owners continue to be willing to work with the Gty on the public/private partnership
and do not wish for the lodge development timetable to interfere with its possible
realization. We need to obtain an additional extension at this time so we can delay our need
to begin preparing working drawings and to obtain financing for development of the lodge
project within the next few months, Approval of this extension will hopefully allow these
studies to be completed and for the City to move forward with an election, if necessary.
Our attorneys request that one minor change be made to the language of the Ordinance.
We request that Section 2 of the Ordinance make reference to the applicable vested rights
state statute, in addition to the Municipal C:ode section already cited, to read as follows:
"Pursuant to Section 26.52.080 of the Municipal C:ode and C.RS. 24-68-104
(2), Gty Council does hereby grant..."
As was the case with the prior extension, we also request that the City waive the fee for this
application. We feel that this extension is necessitated only because of our willingness to
cooperate with the Gty to achieve a public purpose and that we should not be charged for
processing this relatively simple matter.
Mr. Stan Clauson
August 20, 1996
Page Three
You should be able to find in your files a letter from Jim Valerio that confirms that I am
authorized to submit this application on behalf of the Bell Mountain Lirnited Liability
Company. Please call me if there is anything else that you require.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
~~ eJ
Alan Richrnan, AICP
1~ The Aspen Times. SaturdaySunday, May 18-19,
Public Notice
DISTRICT COURT. COUNTY Of PlTXJN, STATE $2O,OllO.OO and whk:b I. lecured by I.... Deed 01 CondominIum Oeclar.llon lor Laurelwood bullnes. hours by any dllun .1:1>0 req~b II
OfCOLClRADO Cue No.!l6CV 71.3 SUMMONS Tl1IIldelcrlbo!d.bovI!,....lUI!dwrtltenelectlon Condominiums. apPI!.IMI'n INch recoro. III wltbln IlIOdaysolt....daIeollhlsnotlce: ORDINANCE OfnlECrrYCOlKn. CrrY
BRUCEJ.RO$Sand IIEll[C'CAJ. WAllACE, anddelDandlnrsall!u provided In saki Del!dol Book24SltPlll!3lI9.Pltlcln County,Colorado BetlyA..Schermer, PrtnclpleManqer. Of ASPEN. COt.ORADOAMENDlNGnlE
PlaJ..tlfb. Trust. The outltandl"l prlnclp.1 b\II.nce due .Iso known by llreet ...d number u Unll PublIdIed I.. TheAllpm TI_ May 18, 1996. ADOP11ONOflliE A.SPl;NJPnlONCOlJrO"I'
VlI. andMl'lP8upo11tbeevklenoeofdeblsecuredby 1402, laurelwood Condomlnluml. Alpen, HOUSlNllOFFlCf!I995A1'1'ORDABUHOUSlNG
MERIT INVESTMENT CO. (Of ASPEN), INC.. . Ibe .bllve-delcrlbed Deed 01 Trull bel.., COlor.do 11611 lubleque..Uy deeded 10 NOTICE or AVAILAlUtrN Of ANNUAL RfJ'ORT GlJIDElJNESASAPPROVm 8Y ORDINANCE
dlllolved c..rporatlon, L. VERNON CAGLE, IoredoHd II SI7,500.00ThIl amount doeo nol Randaa E, Sato, Albert KazuhlmShlllf!muraand PursU.nllo Sedln.. 6104(0) oll....,nlemal NO.17(Ser1esoll99S)ASRECOMMENDED
HAROUl C. HANSlN and JmREY CAau:, the Include lnIereII...anyotheroo.r,e..tIowabIe GreauryAmo Behr Revenue Code. ....Uce II her~by "'"" that I"" BYT1€ASP'EftIIPfl1(INCOUNTY
lalt '1011... Board 01 Dlreclora 01 Merit uno:klrtheklandoculllenu...b)'''w. THE LIEN Of THE DEED OF TRUST BEING annu.1 reporllor Ihe I....ble year ended HOlISlNGM1lllORrn'
Invnlmf!1l1 Co. (01 Alpe..), Inc.. SECURtTY The ~bed propert)' Is'" of the FOREa.05ED MAY NOT BEA FIRST LIEN. December 31. 1996, 01 fred IlId EIlI Ilell.. OrdInance No. 17
PACIfiC fiNANCIAL SERVICES, INC.l/k/. propert)'eftCUlllbeftdby.aIdOeedof llfEREF'ORE, N01lCE IS HEREBY GIVEN lbal I foundatkJn,.prIVlI;teloundallon.lIl1Vl11lablell (SerInofl996)
5ECIJRrrYPACIFICFlNANCECORP~TOMOKEN SeeEahlbll"A"IIIKhedberetD..-dllllde. w111"IO;OOo'dodlA.M~OIItbedateolJuly3. Ihef'oundlllon'lprtndpalOmc..lorlnlpec:lloa II!:CITW
u PUBLIC TRUSTEE OF PITKIN COUNTY, part bereolllso known by Itreet and number 1996, It South f'nmI Door of I.... P1t1dn County durl.., r'"llll.r blUlnell hour. at 9 ..m. to 4 WI-EREAS, purluant io approval ofOrdln.ance
COLORADO. ...d ALL UNKMOW" PERSONS I&: ftCMllInd,PlIldaCoomty,CoIorado. Courtboulf!, 50S Eut MaIn Streel. AI,",n" p.1Il. by any dUzen who requell.Ill within 1110 No 17 (SerIes of 1995), of lheCoun!y of PItkIn,
WHO CLAIM ANY INTEREST IN tHE SUBJECT ~O~~:m.~AO~~ TO BE ~::rb~' ::d~rfo~-;u~ ::.'t:r~l= daibe-::=.~~=~ lDcatedlt ~li:~aWeand~~Gu':II- were
~11fISACTICIN, nIERP.FORE,JrKJ1'1CEISHEREBYOIVENIhaII dell,rlbed.bove,...d.lIlllte.enolnld 7UW 1M I Street Suit 201 Aa CO WHEREAS...._eml.enl("_e"dllle..l")
THEI'EOI'I..EOFn'I!5TATEOPOOl.ORADO ....ltlO:OO&III.,onlhedaleolJuneI9.19!l6, GTantor,thehelrs.llICCHlorsandull1anaoJ 111I11,;2s...;;' . 10 . pen. ~bylheHoualnl
TOlliE~DD'EMIAHrS: atSOlEMtMalftStreel,AlIfMIII,CoIorado,lI!IIal nld Gr...lor, lor the purpou 01 payl~, tbe ThePreatdenl:oftbelolltmtlonlil Autborlly Bo.rd 01 Dtrl!cton.1 .lpecl.1
YouareherebyINmlllODed..-d~t(l pul!ktlUd.....tGthe.......andbeltbldcler IndebtedneupnwklediDHldoMdeclceofdebt JameaK..o.a.. -"",heldOllAprtl;l!4,1_.copyofwblch
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otherrespoau.Youanrequlredlonleyour ...-..- ,..,.Jaalbe_ ...v.~ JII'Ovldedbyl.... fourth AIl..ual Meelln, of 5elllora thltl99SAJJormbIe.....I...OuldelI_.tG.
_nrotherrwponae.wttlU3II-'.aIkr 1n...........MdDeedofTrult.~.1eeI Date;May6.1995 h$ependeaI,Inc:.JuneI2 chllqeIII IheRetldenlOc:cupledUaIU.nd
theHrYkeollhlla_upo..you.llenk:e andthtapeneellofllle,_wtDcleltvftlo1be f1l'1tpubllcallondat<<MayII,19!MI The Fourth A..ou.1 Meetln. 01 Selllor. ~
oIt1*SIIIIImCnIlbIlIbe~.. lhedlf purdluer. Certllicate 01 P\lrchue. .11.. Lulpub1Ica11ooIWe:JuneI5,I996 Indllpendent.IDc~. noa-prolH tax-deductlble WHEJIIAS,tbeCII)'CouncII de:l1n!a to adopt
n11he....putlIIatIolLAC0P701the~ jJruwtdedby.... N_ofpubllcaUon:TheAapen11mel orpnIDtIOII,.... behekl....... 12. I"'... 1;IS .....~pertaIIIlnftGthedlllneelntbe
maybeol:lblllledlromthecled:oItheevurt. Note: Puntl<tbl the'''r Ditbt Collectkm n-c.lObn,F'ublIc,TrulIlee pm In the Dt........e. 01 the Pld:ln Couoly ReIfdeIlt Occupied Unlll..-d Quallllc.Uona,
" "01,1 1.11 In lIIe ,.ur "I_r or olher Pr.dle.. Acl7flU..e alh'1.ed th.t O.lft, CountynlPltldn,StateolColondn senior Center.t 8215 Caltlll Creet Road. .nd b,. Ylrlue 01 the en.Clment 01 thll
l'8po,*tou.,_pl&lnt:In'"tllnlwllhlll311 lfuaheta.kDeIf!'I'Icb,p,C,"cIeeIlledlobe. ByCarolLtllOle,8epulyPubllcTtuslee AlIpen. Two new d1rectorlwlll be dected to ReIolutIoIIbl&uperHde.......enctlhepllor
daylanNthedateollhelaltpubllcatlo..; .MtcnllllclGrilt..,allltocollaet.debl:aod PursuanltGthef'aJr.DClttoflect$ooP'rKtlcea replacathetwee:aplredm..ludtheSenlor 0nInancII17{Se1tsolltllli).ltpertalMtG
Jud.-...bydelaill...,.bereoadered...... .,~obtUIed""bellll!dlnrthal Act you areadvlled Ih.l lha Law Olllce 01 ~PrelkIeat'llIDIlUIIreportwtlbe tbecbaneetnlJleRelIdenl:OccupIedUnllland
youbJlbecourtlnrtherelel.........ladle ......... MIdiaeIP.Medved,P.C.llc1eft1ledblbe.debI: preseoted.lJocl"Hourlollowl.A1lmembers ~.
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Count)',Colondo:' .. . '. . ;-,,,r........1bonlMc.rtObn,PubllcTn.tea MkhaeI P. Medved'1I6l19,UWOFFlCEOF -.ded.1oIIowa:
An undlYlded 1/15th Intenat .aten.nla- " . oIthlCGulQoIl'I:ldn,Cokndo MICHAEl P. MIDvm, P.C.. 11175 Carr Street, PUBUCNOTICE c. ........ RelaltPrke/,\ppftdItIon-The
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~on"'"-ber7, ItI4, In Boot 411"'-_.. SOUIHWESTCORNEROFnlESWll"EI/40f and.lunel,I,..-dI5,I9911. ANEMERQENCY RESOLUTION Of THE lIOu prtcw ....
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fr.cUOnal ElIAte Oeelar'lIon lor TIUi. ;SOU1JI~DI!IlIlI!I!Il2'2O"WlSTu.nF!:Er;, 8an\:lersTruII CootpanyolCaltlnrnla. NA,.. .leanetteJon..Oepul)'COUIlIJ'CIllrt "nit OWnen u. q".IIf1ed Plttln County
ProIpectar,reconIedOl'l Na.taberT.lttM.1It '. 11IlNCIALOf<<l1HEAIlCOFAcurw.:315.811 trultee. "Itd.r th.t cert.'n PoolI.. ...d PublllbedInTheAlpen11alea...,.ll,ltII.. reddenU..ddIIIldllythaGuIdeIlnea, there
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o.a.....lIdICSII~..... ...~ ~..~~.,...~'I!f...~Prufact~ ~ '''_II oIUMICOllirKtof.UdAc.f1
ProperlJ..t.-.d...MudlIJfJ.~. .... ~ii" ~CrI~'" ThlIOf3o'NMn'eItherllhttGaccefII.'" i'"~I!IaeIrte""'''''''''''IIId''''''''''
....... capIIooId =-~.. .~ ;. ~_,.,., OINII UIIl: I ;~, dr' ~ B" or 'c~ept wh'l II, III Ita ,'~ of .............1 10 "',...,.,tkl. Cou.I,
lhelulolrllt.... ,',V'I(ilt' r: '...... ~.J.~II...IO:OO.'O.~~~.....DOnof j thaad1lhk:bllllttheC!tt'IIlIIII' ~1Iirta'"rli~.._.'''''..I07......I''-
Ud.o.--~ - "'M~ .....,.......,,..~~'ff<<I......,.,.hdy 1 ...SoiItblront IIIInIA"hIeCltylul1Jle-reIaftIthal'Wll.1t 1t---~ .
ClHIdo.laItt.)"IbI<~;ac.ca",,~ Ji. ,,'" '-ol.o~c. {",~"'.PiIdi~ _~....... th.lIeitllll.r..loltbeClty,to....,..,.~oou'lI...UJ',.,..i1.e.pIftn,.hIP.
~DId.liIbi"~ ~"""'IIIf. ftt=e;'" .Dllblceuc:lliJlilothe tacJiakial~w~...... .'...........~wbOlIilI_......
rort~~_1f' .. J " (..-'-'-", bliII~...e.ti.tlleiIW"" -tIlIdIlUbmllled." .,- '"',In:MII........,...IIIdrk....orOll
..Det:ealblr3LI......... ~.ioIlZ:: ~'& 4... . ..1iIIirIIit....1&Id0rll0Jt*(.).,.- 1IIitPropoullllUltbe~In_"'" _1......,~~~~J'tl~;......
eUoq.latM~..tItt'(:fI8io ~~~NPT1CE""':t'" 1 .....r~~~7h1atind.--thItIltn,,.,tlie"MCWlIIylealedand........,..w:... It ~011
'*-dIt..PItlIiIa~CiWnIIIll'~ ~ IICOoe[t!'.~.( ~of=.':t....~ 10rOelle..1 CORlr.cil.'Sar.tc..,..CMi:~-'..-^..,.-...,-aMd...iCI!_iIcI.ylUCh
~..o::..'::-~:r~.... '......l,oa(lr-l.a~.w=~~~:.~it~1~:.w =,-' ~~~~~crller1a_Wi."\~-:-;:....:.-:~wM.~atln.:
IltJe.ltdtnt.,.etltoICllal_Dnalep.eat.".wqoa;....rllil)I85..~itillilW ':._otfW..-....... deI\ow- thelalltnidkt.. to Bldderl and llnJam. .~... ..................oItuchllnal
cOlnpany,.Coln,*c:cirpDndoa,thallld,#,Wqoa;"!'.t 1"'Dod......,..ttatlo.~'" totha~. of~" crtterllllttedbdo.,lIl.ybeCODlId-.d ............".......A-.II.Ulll.IIIn.'IertlIed
~:"-:-IlI~~:O~II5.=::'~~:,:::.c::.~:=atUfltIM~~:.~.~"'~=ortArtti:t:cirn.r.P.c.15 .=-~.~I~:~:"';beIt~~,,_ ,,*,.~f..:,!Midt~~.~.'~c:.:
Cowtbouielrod.....lathec-tyolPltlda..~ ee.er(l4llf1lllb).1aIeIeIItid~..,.... A'tIWPrItGTOCOUI.t'I'...IDTANDANY 4Jdolflntlc-~~....... - - .-:,::'. .
SIIIenlColorado . .. ,lIIIpacttMwhldlauwelhlObl..ulel..... 1tI'OIlMA11ONOBTAINEOWlUIlIEUSEDPOR cootractllll~ ' '(".' ......CIf!thI,..CrluW...ltolluuch
NOTICE; THE'LlEN BEING FORECLO$lD .,'lpeelftcallon. bytollIKd..DuI.,1t HI......, 1IfATl'lIU'OSE. -tlltof"""",- 1tIlt__ prior bllUdollDallelllellleat will
UPONMAYNOT81AflR5TLEN. Cebado........CoIIeae. t............. .', OatedMlyI, 111III,. -Uat. 01 poIIlbIIllUbcontractora 10 anpIeIe renn.1IId s,- &0. all tIId ...,.1ab11ltJ
OIIedIlPltldnCounty.thIIl6thdayolAprll P.O.Bo&IOIllII.OkewoodSprtDfl.OO'11101 CIroILFooIa,DepuIJ'PubllCTrultealnand profect 1Dr1UCh~"d&Ia.
19911. (TetMS-BI,I!lrtf!IlIkln~ Salledblcla.,. IDrtbaCount,of"ddn.CoIoradD. -Hourly r&lel lor provldlnl lener.' PltIdaeou.t,BnanloIc..induIoners
RobertC.8nad1a,Sbertllofl'tttlnCounly blballddr'lIedtDMlteSl.,.r.~tllclo FIrItPubltcatIoll:MayII,I99S conIractI",_HmceI . '. .. =0I1'IItID
By:DealrtieTllIunl.DepUIJ Mou.I.I. .(:011.,..- 1402 Blah. "'VeRUe, latPublIcatIon:.Juna.I5,I99S Propc.aIIIIII)'_bewlthdnwa....~petIOIt,'(.Oy,. ~~...:'l-'..)':: .. . ItaIa Coklndo
Oaleolf'll'ltl'ublIclllolr.AprII20,llI9S. ,GIenWODdSprlnp.Cotorado8180~~~""', '.,N...eofI'utlllallloa:TheAapenT1mea 01 thirty PO) d&)'S 1It"'_tM.' (I.. fIIrOooIt fw. ':.: .-,ej.';; ...."1::-..-..,."""""',.,...
OIteollatPubllcallon: MIIJ25, 19!IS. bereceholdlntheOlllceofCollep by AtkirnI7l &; . "'\, doaiI(~ . ,:. ;'"""'... -:r-. .>~~) .
Publllhed I.. The....pen TIlI'IlI Aprtt 20 2T 4:OOp..IlI..M.,.31.199l10rbe~lIedby Carea ,'_ BY.,THl9RQU,oF:,tHl.CI1'YOPASPIIt."': ,Saalad .....1..
andMa,y4,1I.18and2S,I996. 'M.y31.19tIl.Colnr.doMoll..t.lIlCollele 111991. 'COLOIWJO,;:":-~" .!' .. .'.'~,~IDn."J~."I.,J'Ibd2S.
--- !herillhltoreted&ll)'andalblcla. ;l~' " ~;:..-~- Tc.Rubal.PrilfectCoortttnal.../:,':'" ,~,
COllNTYCOURTcMe~~'~ .~~'r'I:s.Tbe~peIIl1-""'18'~.~i~~:i. ~".AapcnTknelMayll,l_,
PU8UCr<<mCE . 'h. 11 ' ':.ft!~-"OlQNANCEll1 ~L.'.
'N1lIEMATTtIIOfTHEmrnoNFOR11lE 1lO11CI~~"""" , f" .....0""" '..
CHAHOIEOrNAMEOF:JlIJEANPIIJNDERMAN. - To~~~ tI ...N-oibIN"'NCE Of'_ THE ASPEN CITY
Cl..EVmOT.PetIlloller. - JIftIII .......~... . .., COI.MCIL(JIWn"IttOASIl(MO.f11HXTf.N5ION
Public "oUce II hereb, ,,"n Ih.t by.. OaIidof._ "'" OF THE llill3 LODGE OMQS.w..oTMEHT AND
Order ollhe County Court 01 Pttt!ll Count,. Orl&lnalQrllllOf VDTEDRDmGRAJnEOBYORDINANCENO.
Colorado, .nterecl 0lI Marl:h Ill. lllll. In the ~.. 0rtalMI . . ;It- ~.. 3. 5ERlEIS Of '-"3, AND EXTENDED 8Y
~=':'cr:~'r:nbeole=-.v::,~',lI ~~....'ri~~'b*-~.,~:~, WDLOT 10;1lIINC& =C:t~=:'.O[S;I~':>
MAHAlI DE RA5AY"'NA. UpOn prool o'I0:b"lloeDMdOlTru.I:KlItnIoIl'MII'l"'~'WESt_ . 1OA.pOlIO'4!NtHEWEST ItlS FOR THE BELL MOUNTAIN LOoo!'
t::::~c.1l0nbetnl"l<<IWlI.~lheClertoftJte. ,:'~olTri...:MaYI3.l9?7~':':_;"~~rl:'"~~~~~'~ ~ENT~~~~
GIenIta L MdPJck ~,~ Reawdlrid,..ofo.id ol'fnlll: MiyM:l"", ,~TO TtfU'OIHT or BEQIJ4fflNQ._COUNTV OF CIlllIf' of 1hI&.....-....- _ ~ In the
CIerlroll....CourI/DepuIyClerlr.- Counl,J'alRec:ar.l!llt:Pltkin... c_ _~""tr'fUc;".,mQllt1JLONDO;':w.'". . '0Inee.ltha:,CIty(:hn.C1I1H..I.I30SouIJI.
Publ!.ohedinTheAapenTI_MIJ'c.,U-Ulil....'. ~...."."FilinNol.oIRecont1dIJeelV~-..'"fIlIi~tiI......AI"...t1_...,11,2!I, ~Alpen.durtDf:__bullneSlhoun. ..'
18,1996., '_ \; ,';;.~'.-'~)o.."!"TniIIl~~. No.IMl64.: ....-'.'..- ij,~_Junll,""I1'IIIIl4.'-,'A 'f1NAU.Yj~,....aIlld..........""
NOilCEor"'.Jl!UCnr.irm:2~tz :"'S.:'.3:'~~~:'*~~oI~,:Ia_~,~_tl;;;:;- '-~~~?'-;"~NOi1CB,:,~ ., , 13~~~_~,1'__". JoIaIleoiDalt.MliJot'
. ,. No. 116-,10 ,;...:--tt:-'i$:~,rooAREHl!REllYNOTlF1ED_lbat'thilbwllo!r._. I'IeIIetUellDllcflhattheBoardOlCounlf -.. Atlell:Kllhl)'llS.KDch,CJty~'"
T."WhomIIM..,C.ncer.,ThlINOttee..r....:.~'~... .... .._..'............._... .....~"Com~....... _._..CI!t~. .1,1_ PubIIIhId. lnTheAlpann-May,11,11I9II.
glve..wtth1fll&rdtolbe,lolloWllI,~'$',. .. frttHI_-tl.h1,.....~~,:{thefolkiwW~",'l;>-\l.,.._... ., 'J' ..
DeedolTlUlt' ' . .':',' '-c.'.' ',' 'y1'tl/a. llIIdNQIIOllthadiJlin.:aadtrhk:ll'~,'~-AReIOl.UiI:lHO''J1tBBOAilDOFCOUHTY ~"i,_~NO 13
OrIatnafal'llllorol'~{jTrUt~'\~"~' tha.,~Of'tJoatld..erlbetf~...'COM..'"IONW.-O";PfTK1It-COUNTY... " (lIcdNolIM,
LarryWayneOnllIlldBrendaOtyOlvll- .:~-..l'i~- ...........,.., .......i.;;COLOltfoDO;.UTAaLJSH1NOAPOUCY FOR ..AN.ORDIfCANCEOFTHlCITY COUtfCLOF..
Orl...... ~ofDeldolTntu: fW:~'tIII'..~.."...ltlll:l.....OIled-:rnlll Thei. WAMNO,COWMUNl1'VtlEYtLCiPMEIfT FF.I!5,.; THECrrYOI'ASPIEN.COLORAOO AMENDING
AIderrAan .. ."-:c:.-;""-". .".~'olil.-":~,_..........~.balanOl..llindowtna,'"I'ORNDN-PROI'ITAOENC:lBS; ;.,.'.. ;. 5ECT10NS11.04.O,20AND.II.04.h300PTHI..
Curretlt own.r o/Ilte .-lei.llee,ol c1ldlf.,..\..r..N.... ~~... .~.,.~ __,Wthe'l\~JeuInj"'~ad'lIeeordar. ASPEN MU'41ClPAL CODE.ADOPTlNQ BY'..,
HCUl'edbytbeDeedol'tnnI:~I1"".""-"' ., ,DMdofc':J:nlIt""tl,""'eo,.oItf1tllll'_ahhll~,.,. -, 'REFERENCIITHllfftFORMFI1tICoor. IIM-;<
OIleofDeeclofTruI1~Decamber.ltts,~~~" '1IiiIdaIW:_ f~~"""lJ""""'t"\'-"';"'~.! j~lIIPdnIt. . .lBtMOlllceol 'EDtTlON.AMEJrlDINQCERTAlNSECTIONSOP'..
1=--"'Dat.ol~of~~<..)W,F_:':.'...~ . ,:::t,lt.-~'~==-',..~-..t~~~",,~t:3ll~,'\=~~~"
CounIyoIRecordl",:PItld.. .'...-.t-.?it;_illldlll.....lIIlhi.. ol~,......et~..c.,ItI'i1ieAil)ie.~...,1..111111. ~oIlh1101'd...acur..nlllhlelathe
RecePtlo..NO.OIRecOrdedDeadofTru.ti-,"..,,=_ . ....-..... foIoo!ft::'-.;:'" ,. .... .' ..: oJllceoftft.CltyClerk.ClIyHall.IJDSoIItk'
365452 .: . N,,_.,~. ,Co.del .ID.:\hllt 402 LAURILWOOD,:.,,< PIJllJCNtJTll:ISEC"l'kitfIl04l<<mcE: . OUenIl.AIjaen,~~budaeullcruN.
llook.ndP.telotRlCOl'dedDeedofTrilat!\!'~DO NlUIIlI',iKcordln. ,'\0' tlte<'.'thel"5"o",'9II-I'P,."t"~of"'I,..te'" Fll'W.LYadoptedp&lled&nd1lpplOWllll1NI
IlootNn.737;PfIlII!NoI.840throlIJtIl44 :~W~~',;:...r< ~._........tiiplPl*rlllllnlha_NeDidlCrI,:""oU1ld.llallr"'tlieletiJ,A'.lldUD)'dQ.;.-t'_ol_,I"'. '
YOU.ARE HEREBY NOTlf'lED_~~"""'131bflt.~rthdRecorderOf1'1dlIri_::".k.lMlrlllllf"o.....tIoll.l. '....I.W.l.1400.. .:{. , JohnIleaottt.M.)'ur
uOOerIl,...,...tbe....o--oI.. . Cl(~<OIaIItt.. . .' .1boII401.............1.,.,;,:a.._ ~1I;~..Coklndoi baIDf lit, . 'j, ATrES1':kIth.,..S.KodI.OtJOat.'
debt, the orlllnal prlncl,.. 01 whle.,".u, < ad :~:,~~...d:deacrl~' l~ ,:l~.t'ji~'~'i~IcI!,~:~"'Ii4at PllttlllMdIltTbeAapenn.eaMQII,tIJll..
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DEADLINE
NOON
ON'
. eo", mUot be deIu1,y typed.
No fu_1ssIoM
~"~.- ..for publication.. '
"
RATES
1st insertion... .S060/Une; 2nd
1nserUon- .~/Ilne
rroor of bllaItIon - $2x
1~ The Aspen Times. SaturdaySunday, May 18-19.
Public Notice
DlSTIlJCT COURT, COUNTY OF PrOON, STA"ffi S20,1IlO.OO IInd whkh Is ~ by the ~ 01 CondominIum l><:<:Iarsllon lor L.urelwood business hours by lilY c1Uzen 11,'00 ~~.. It
OF COLORADO Cue No. 96 CV 71.3 SUMMONS Trull: deIa!bed abow, hu filed ....Itten elecUon Colldomlnluml. appe.rlnlln luch recordl In wlthln l80dlI)'5 ol thedlte 01 this notice: QRDtNANCEOf1llEcrtY COUNCn.crtY
BRUCEJ. ROSS and REBttCAJ. WALU.CE, IIId demsJ)d lor Ale u proIIlded In Mid Deed 0/ 8ook245s1 Page 389. PItIcln County, Colorado Belty A...Sd>ermer. Principle Manscer. OF ASfI'EN,COLORADO AMENDING TIlE
P"'lntllll, Trust 1be oulltllldlnl prtnclpal balsnu clue slso known by nrHt .nd nUDl,",r as UnIt Pubbtbed In 11le .....""n11_ May t8.1!l!l6. ADOPTION Of'11tEA.'lPEN/PITKINCOt.MTY
VI. IIId lMinIupon the I!VIdenc:e 01 debt secured by '402. Lsurelwood Condominium.. Alpen. l<<)IJSINGOf1'lCE 1995 AFFORDAIllEHOUSlNO
MERIT INVESTMENT CO. (OF A5PElQ.INC~. the .bove..clescrlbed Deed 01 Tru.t belnl Colorsdn 81611 lublequenlly deeded to NOTlCEOF AVAIUJlIUTYOFANNUAL REPORT GUlDEUNESASAPPROVEDBYOJlDINANCE
dluol...,d corporstlon. l. VERNON CAGLE, 101'KloHd'' 117,.500.00 Thll UIIOUflt does not Randall E. Salo,Albert KazuhlkoShllJellllWl snd f'unUlnt to SectIon 6104(0) oltbe Intem.l NO.I7(Serles:oIl!l9S)ASRECOMMENDED
HAROLD C. HANSLN and Jf7I'REY CAGI..F. the Include IntereII w any other chuJes aIlowIbIe GrClOry Amo .Ilehr Revenue Code, notice I. heuby &IVen IIIIt the BY THE A5PENJI'fTIClN COUH'fY
lut sclln. Board of Dlreelor. 01 Merit uadertheloutdoc:wnmborbylsw. THE UEN OF THE DI!.I!.D OF TRUST BEING snnu.1 report lor the I..sble year ended HOlJSlNGAlJfHORlTY
InvesIIDentCo.(oIAlpen).lnc..SECURITY Tbe~properIJIIslloIthe I'ORI!.CI.OSED MAY NOT BEA FIRST lJDIl. Deumbe.31.199fi,0IFred.ndEllllulln OnInsnceNo.I7
PACIFIC nNANCIAL SERVICES, INC. IfkJa properI)'eDCulllbefto:lby.aIdOeedol THEREFORE, NOTICE IS HERI!.8Y GlVEN that I Foundlllon.aprtval:eloundatJon."avallablell (Serlesoll996)
SECtiRJTYPACIFICFlNANCECORP~TOMOKEN SeeElblblt'A"st1sched'-elosnclmsdea wlll'IIO:OlIo'clodlA..M.,oothedlleolJuly3, theFoundlllon'.prIne1p1lofllcel....lnspecllon RECITAlS
.. PUBLIC TRUSTEE OF PITKIN COUNTY pwt benol Uo lmown bJ' llreel: aotIlJIIlIlber 19!16, II South FronI: Door oIlhe Pltkfn County dUrln, regulsr buloe.. bours al 9 a.DI. 10 4 WItI!.RI!.AS, flW'SUIIIt to spproVII ol OrdlnUlCe
~~':::~r::~P= ~~~~:~O~~TOBE ~~::u:6pu~~~I~HJ;.;'.:=i ~;~ilie~oI~:"~wtthlltl80 ~Il~~t~:::~:r~":'e
MATJl:ROf''THlSACI1OH, PORI!.(1OSEDMAYNOTBEAf'RSTIJl!N. and be.t bidder lor es.h, the resl property The foulldllloll'. principal oIflee Is locatedM lormIlIyapprowdllllladopted snd
0eIendInb. ~ H011CE 15 HEREBY GIVEN tlllt I de.e'lbed .bove. and all Interelt 01 nld 715 Wen Msla Street. Sulle 201, Aapen, CO WHEREAS, as ...endlllent ~amendment'?
11iEPEOf'l.I!.OFTHES'tAttOFCOlDRADO wlII, ..IO:GO....~OII the dIIeolJuDe It, 1996. OrlOlor, the heirs, IIICCeI'Ors SlId ...1'" 01 81611,925-4290. teCOIIIllleadedbytheHoumt
TO l1l'EABOV&NAMEDDEI'f;NDAfO'S: .. SlI6 EMt MIIIn Slreet.~ CoIondo, Jell II: ....d Gr.nlor, lor the purpole of payhil the The Prakleltl oIlhe foundation.. AUlhorlt)' Board of Dlreeton .t a .peclsl
YOUInl:;-~.:lU1OlIotd~requIredIO ~~~M;e-::rl== ~~::t:t:::':~S~d"= PublIIhedInThe.....pen11_~I~~. ~-..AprtI...r~S==1ch
:::.-:'IIled~='=:..,tIltm::.:.,::;, and all IDt_t 0 1.ld r.ntor.lhehe1,.. ellpen.elolnle...dwllldellverlothe ReHIutJonNo....I."-been~bmlttedlot=
fIlIncwllhthed8rll:oIth11eounlO_... _1IIlI......olHklGrintor.lorthe purcbuer.certllle.teolpurchale.llu I'UBUCNOTlCI!. CIlJ'CounclwhldtHl:llforththelmBllhDenttO
otherresponae.Youlnlrequlredtonleyour ~,.::.~~~ JII'Ov\dedb)'I.... Fourth Annu.1 M"tln, of Senlo" thl:199SAlkmIlIbIItHoullnlGuldel_lItos
::::'::.:e~~::"~~'.':: and1!lt~oINle.aadwlD~tothe Flrltpublk:atIon~;':"I,YI~:= 1I't~::i.~nc...=s~2MeetlnIOlSealotl ~~ResldeIltOeeuPlellUnlt.and
of thII_ shill be ~.. the" purehuer a Certlllute 01 Pu.dtue. all al Lut publleatloadlltl:Juoa 15,1996 lodepeBdent, 1rIe~ a non-prolll ta-deducUbla WHDtIAS. the CIty CouncI1 deIIres to adopt
olthelallpubllcalJon.AClDpJoIlhe.,..,.... piuvldedb)'lnw. NlllleolpuhllcatlDn:1beAlpen11mel orpnlAllon.w11 behekl....... 12. 1.... I:IS lIId...-.enapert.alslblftotbeo:t>ueelnthe
ml.)'beobtalnedlt.llhedllrtolthetoun. NoI<<rur-ttothe Fair Delli CoIleetlon n-cartObD,Pubhc:.TrulIlee pm InlheDllnlvuollhePlW Caualy ~Oceup6edU.ltlsndQuIlllk:stlon..
II vou fall to 11I11 ,our Snlwer or olhet Pr.elket Aet JOu sre .dYI.elI tbat Oatel, CouItyoU'lttia.5hdtI!0lCoiondo S~nior Cenle~ at 0275 Cutle Crll:t Road. .Dd by vlrtna 0' the enaelment of thll
res~1n thee<<aplalntlllwrttlntlwlthln30 Hu.... 4beHvk:h. P.C.lldeemed to be. B)'CuolLFoole,geputyI'utl1k:TNIIee Aapm. Two new director. wiD be eleeted 10 Reaotudan IOlIlpenedeandaJDelld the P"'ot
dSYlallerlhcidateolthel..tpubllcatloa; ....~'"-PtI"'tocoleetadelll..... PurlulnttotheFstr.DebtCollectJmlF'radlcel replaeethetwoe.plnldtenlllMllfthe5enJor 0rdlIMn:e17(Sertes0l1!l95)lInperllln.lo
Judpmt by defsiaIt ilia)' be readered ....... .., ............ oIItaIoed .. be ...... .... thII: Act ,ou ..,e advbl!ll thst the Law Olftee of Indepeodent PresIdeaI'I -...I report will be the ehanae hl tbe ItelIdelII 0caIpkd Unltl snd
)'OUllJtheeourtlortbenllel..........lodle fUJd& MlehaelP.Medvetl,P.C.lldeftlledtobe.debt preaenlecl.~IaIHourfollowtl.ADlllelllbtrtl QualIIIeaaonI.
~wldIouI:b1hernotlce. u.u:...,.I.119l1i o:nIledorMtelllpUaltoeollr!Ctadebl:1IIlI1II)' IDdlrlend'Inl.lnvlledtoltlend.TulD84- NOW.1liERD'ORE,BErrORDAlNEDBY11iE
lhIIltI...actIontoqullldtlatotbelDllowlnc. . I'lrtil: PubIcallc.D.t.: MaY II. 1996 InformaUon obtained will be u.ed lor th.t 11926ll9.QueItIon?92S07142 cm COlmClL tIM, the I99S Aapao! Plttln
=~r:~rOpHt, .ltUllte .. ~~IlI~ -;.,,~~~Julle~~Tndtee pu~ P. Wedwd '11669. UW OFFICE or PublllhedInTheAlpen'nlnellMay 1I.1lll16. ~::~l;~'=.,:?~e HOUII., Ouldellnel be
AAurullvldedlIlStblater.lta.teasntl-; , ,',- oItbeCoualJof~.Co&tndo M1CHAELP.Mmvm.p.C..I&75CsrrStreet, PUIlUCNOTICE c. MalrRuarRelllef'rlce/Appredatton-The
~~~::::a~~I;I~:tl~'~ia~~~~::laf~:o,::: , .'" J'PIttIa~=\:: ::r~=:'~C~~~:'e:e:n~ ~~~~:"'~":=: =:'i.:'~p~)~~~=<:I~P'f:
~pecIOr.recordedOll~7.lllI4,lIr.. ' .. I!.lDIIIlITA debt) on M.y. 1996. .dopted the lollowlnl 001 compounded) ol IheplII'Chueprlce lor
BOOk 476 .t p.... 32S sad tlM M... theraal ' BI!OINlIfIfQ AT A POINT FRO" WHICH llfI!. Published 10 The .....pen TlIIIea M.,- 18, 25. I'.rIlerIencY ReaoIuUon ftlil19 lIKh )'eU or parflon IhaeoI. IIW the uall II
recordedon~1.1984, InBocrtm..... SOlITHWESTCQRNERornmSWI/l'llI/4or sndJune 1.8,and15. 199&. AN~EMEROENCY REsOLtmON OF THE DWRed 11- ROIIIIlt ..lOIdprtor totltreelul
P.... 323 Uld tile..... thereof recorded ....;., SfC'I1ON If. 'I'OWN5H1P 9 SOI1t1t. RAl'fGIlU BOARb OF COUNTY COMMISSIONERS OF ,ean ~I ownenhlp. then tbe owoer II not
Novernher7.lllI4.l1t Pllt.llDaI: 161l1"87.'.t~..waror'l1fEmcP"'. BEAD5OI1I1f2nS4 NOT1CI!.OFPlIIUC1'RtmFESALE PITKIN COUNTY, COLORADO UMmNOno: errtIIIedtolll)'appreclaIIDIl.Oneethe ROuat
l.,.etherwlthesdullYerlllbllo~lcIna.d ,:f'I!f:I':. . . Plrblk:TrusteeNo.lI6-l1 OPERATION OF ADULT ENTERTAINMENT "-beenOWtled....overthnelu1lyean,t~
oceupMe)'ofuJdUrrltdos......u.eWeeIi:I C;' .1)fBNCE1fORTH 1000.O:JFEETTOntE NW To Whom It .ay COKern; Thl. NoUce II fSl'ABUlHMENTS lheownl!l" I. enlltledto sllluhnum of lour
10, II and 37~.. __die... cbiaUIUJf'nv.I/4,SECTIONII: liven with repn'I to tha 10110"", deKrlbed Coplel 01 the MI tnt 01 the E..e.,ene)' pereent (4'5) (-pkt) IlNNII sppneIltloIIlor
SunllQ''''theU.W..IIIlI~M_OIi TlfIlfCE EAST 35C.40 FEET ro.THE Deedol1'rult: ResolutlonfK-119lnlsnlllblelorpuhlk HCb~orponloathereollllltthewtllll
1~':-:'~~:-I':rSt~=II..iMlanb- d:.m':'~~~::~OF s2=~=,.~=~1laI ~~=o=:~::~~MC:S= ~':==:s.-~=~ted
Ineomril_OO 10 UOIt '203. a<<ordla, 10 the "..'. 1'1tI:NCI AI.OItO SAID RKDfT Of WAY UNE Current Owoer 01 Ute Evldeace of Debt: .....pen. CoIondo 11611 PhoIIe: ~lllD to the Itallt.rt 0DcupIed alefM)', ~ the
Fr.ettonal !1I&te Dedlt.lloo I.. Tn.. ,SOUTH~DI!IlI!D12'2!O"WESTu.nFEET;, BsnbnTtulleo.pa.yofCalllonds,NA.,u .IeMetIe.lona,Deputy'CouatyClert unit owner. are qu.Ul1ed Plttln County
""-pector. r<<orded on lIIanmber 1. 1_ fa. . '11BtCI AUJfrI:) 1HE AAI:. (>>' A CtItY! 315.80 UUltee, uOder that certain Poolla, .nd Ptrblltlhed In 1be Aspen 1bea ..., I" I'" ... reddeaU II ddned try the QuIdeIlnea, lhere
Boo' 478 at Pa.. 323 and the Ma, t~l. ,. FEET. WHOS! CHORD 8U1tS SOUTH 27 ServIdrrJ ApMmenI: dlted.. 01 Deeerl:ber I. .wlU he DO appreel.tlon ca.p on the trailer
.-ded0ll NovsIIIer 1. 1984, IaBocrt4..... .. DmRFJlS52'2D"wat':JII3.BOFEII.1': 1\194. Iw Senior Subci<<llnal:e Mort.... Pul- REQlm'FOR~ .' If -.-J/orlota.dtbeAI'CHA.haII '- sJO.dsy
Ps,e 323 aad the Map tltereOl remrdecl CID ' .TIIINClSOtmlI3 DEOItEIlI J6'20' WEST Throup Certllkat.. Serlell 9948 (MLCC The em' OF' ASPENPARkS DEPAKIlIOCT II 11atd00hnlullilOllany'"
NoWIIIber 7. 1984.faPllt.8ocrt If Ill"'" 17. , alOFaTTOTHEJIIlHWAYRIOHI'OF'WAY MO'llaleIDVe.to",lnc.,'eller)wlthout lollellln..ealedprop~ 1.1 G~II.RAL ThIIIDteDdnM:Ittsha1lapply-touryand.1I
loIetber with adlIIft .... 10 pM-'M .. . IIIOIUENI': . r<<ourte. CONTRACTlNO SI!.RVICES:' lh:e emplDJ'ee IIlbdhIIIDrta of sIIt!nI rnobIIe home pItb In
occtrpIIIC)'ofRldUall:f2cD"",,lIMWeeIIt,.,.,.s11DClSOutHllDEGREES34'50'WEST llIIeolDeedofTrult:July22,I9!N h...I, In edtrJtb Clt lAa PlddnCounty,
:JO,3B_3!I~._DlIllba...,.,-,SC15a'1011IEPOIHT,ot--.<<L ~OaleolDeedolTrult:.fIjy25,I9!N s:.ecibld:W11rnreeelvedeuntl~ Section I
~'1.:~~=~-:::""'II""_,;~,~~ ..~~~. ~t:~~=,~aI_ouatolbtdenceol =-~"::I~~'O.:.C:=~ ~~..~~~."""'.,-..,~...~-,..".
DatedtNt:t1rd""ofAprll,.11IM. .Pu1rIIhad.1baAl.....nMt....II.l8,25, OUtItUacIntPrlndpalAaOurrtol~oI whIe1ru.etbe7w111beopeMdptoblld)'iIIIII'- ....-............ ...
".......~~w-.'--,...' 1IId~~.d..I... ,-. :'. . Debtlloftheddlot..-.ol:l1.415,OOO.ao read aloud. eourtof~peleIlI:~lUChportloa
:...,~ . Counl)'oIRecordIoI:PltIdn The prDpOlecl fN'OJect Includes, but lsllOt IhalllHt d....ed. .epar.te. dl.tlnct .nd
t.Jt l"trtIIlc:IIIo....l. I" ',_ -" N011CIoFPI.IIU:A'I'IOH. Boot and Pale No. o. RecepUon No 01 IIralted to evaluaU d tI II' ............pnntIIoDand.....aotlllect.tha
RHClICIAJ.B42I..P.c. Notke" herab, II.,.. Ih.1 the tor..t ~DwclolTnm:1a8oot756S1Pate up,r.d"/'~Pal", .:: :~.an~:ln:.':d ftIIdItroldle..........pordoaItte-l.
RhondaJ.Ilrull,t14121 s.rvtce.USDA.keoolkhrlnCscqukltJolloI ..... o1'erse.lnl.ubeontrselor.. Thap..ra' SecttoaZ
.....pen.CoIoradoI18W-;,~~~ ="~I':L~:t.:.:.~~ .~=#:':ri~~ETOAND =~.w1':~=-""::=,:,== ~dMt~::ra~=,~.;:.i:::CI~
!.1_'!.!.~II.II~;.1f.t2"'l Attorllefllot",o OO.._1...11.20......ZI.MdT.U~1l INCORPORATED HEREIN BY REFERENCE forappnrnl.Prapo.edrepalrsanduppMea' C_elIC'*-lHtn,AsPHCItrHall.Aspea.
r-.... 2!tW~_P.....Pltklnco...CO~~28,31. WHICH HAS THEADDRI!.S5 OF 600 NORTH ~rooI~_Np&IrI.1ppIMoe CoIondrL
f'\Jblltlhed In The Aspen T1IIerI on""'", 11, 32.33 'Dd 34, tbrou,h one ar ..ore laad 1lf1ItD.nIUET.ASPf:N.COLORADOllfill replKernent. ItruetuhI repaJrtI sad pouIhle INTRODUCED. READ AND ORDERED
II. 25111l1,.. I. 19!1I. ~ wtIhIn the Slate of CoIando \OI'Ider THE PROPERTY bI!.5CRIBm IIERDN t!l ML reean'lrudlon. Interlor.. uterlor pIInUnl, PUBLISHED u provided trJ lIw by Ihe City
theauthcrrlt)'oftheAc:taollllsrdt20.I922.. OF'THEPROI'fJt1YENCl.UIlI!.REDeYnmlJDll lIew .Idhl'. and paulble electrkal .nd Council 01 theClt}'oIA1pen on the 13 dl,YoI
DISl1lICTCOUlT,COUQ'YOFPI'I'ItI\ --sed (llIU.s.C. U5,4Bi&)udOetober 21, OF11fEDl!EDOFllllIn'. plumblnlnpsln.Ccrntraetarlwllberecpred "".19!lI.
STA~or~ ~ td.)1i,f'!.I?'.(4!..~1n1). ;,,~W "''''''lii~1H!.~~MAY.tCFf.AFIItST to_snd....0I4lII....w...............,.. JolIdllelllll!l1.MI,)'ar
""""'ix'......~~;..,.;...l'".~~ett'::.;;-..Ii......~,,~~""=iIIdao.~t!!:~~~~.~ ""_-W~'='~~
Fort Calldllalllja.' "'llOdlldoj,: IH.. ~v~.....,_..~........'\iiridet.,..J. 1Iirtrul....-'.......~.....hiI UtI.' 1Irl~..,beitied..atIMCIlJtrf~.."
cotor.a':Cor~IIJaWWI~.ortJ"~""""tIr'f: SenIeIaC~dINd;,,= I. Aapertl"atb~..~'-1" NOTICIOFCON'I1W:TOI'S~.
v.Chall. Drie!O,.....1:o..,.."t., ~lii~~ tiatI......~':i;lj..ItM....'Sirdar___ ,.. afterMa)'11.1_<l'."'";'~,, ~':~,~;; COlICTYOFPrIDI;
CoIonldo _........., ......1!wl(il-~....,.1 (IO.CC Apre-prapoaIrMeifiI'....w.r......,;( ~ ,nAT&Drtxll.OMDO
.......wIlo~..,.al..lIlii... . ... '.",lb. a.,.. .(\1r(art..., 1~..l&MO.t M.y27.tl000.I'h......~,~r MOn::l.HIIlIIJYGMM.....18Ihdlycrf
lMlteroflltle~~~f~rt.' ~;;J.=l~. ".............._.1_..:, :lafblbl.Aueadapce at the pr......d....u..I.}~~_~~..lMi.......,...
Pu......ltotheOnhr..... dc\' ........ "'("jibifedltj~. J'f;fl ... '~uDleslpdor~'" - _-....- ---" MId
Decrealor.blldll......._..~ ~ __ ~""iIed 'diMiIIIl~...f'."...Ol;"tIPlufectCaonu.ator ~ <_aecauDt o'tbe cOlltr.et of laid Ac.e
PrOl*l1enMnltl_..erchlltl...~.... ,'at.. DliitliiiI''flWL''-'..> "'ca,~tharfthttosecept.~ il~IIacIrte.._.........................
1boN~ =i:J""'....... . \ ~"'.....thM I ..., or-:aD aadJ or leeept wh.' II. .. tte .,.-of 1.,rowe_"'1 to b,...Ptttl. Cerunl,
thelolowlllaNllil . < .If",-"' '.'l9i;'1 p, _... ~,.~I.-.tIO:CICl/ll'iUiil ......,00.01 )udJllMliitu.8IrI....ltlntbeCltf'.... -.Afrpart:......",.......Ntm.14.
UIIO'....~:1- \:M~~~ ..........ol..Iiit!lallll.l(.iIcbttiICSW..JiII)' I tlliitaisllilrortt InIInA\'IbeOtybther_the.....lil~~'F~to.iIioI.....Nt.J'rofectNo.:J.a.
coatto.IDfun~~I.i.~ It ~ <A;')4.;;Wfc! ''';'''''''''eo,.tt ........... the...lntereatoftheClt',to.....,..,tiIDQ,IL..dU)",.,.Oil,~IIII..blp.
~ ttta.illti: IrI ~n-...,JI. &;..=CcIIontIo.~"i1I11Me~to'" tecfloICaItWed$..~....,... .'IIUOtIIIIDa.................ftM...."..
Fort~"1V' .~, 1 ' ...~ ~ ~ ~...llIdlMtfilrc.H.lIlellMdtllll .-'IIIdIIUt.lll1ed.;! , .,.;-..dIM....IiId~IlIdfIt:_tDr_OII
oa~31.~1iDlii..1I . ~ ~ 3;~..~.........~). ",. TliiPraponi...blijllcedfir_....,...' ~...~.........of......;........,
et.Hq."IMQfIIr:eol~ N011CE ~ ,1'-Pr,0rsiitGI'(I)'hiiIl'tiliDcl......thatIlIII,"'tlIe1..sectnI)'.ealedandthenlllMldIaMlld:"IId \"--- ..........---...
~oIP1t*iriCaiiill:Y. . '.'i",...1~ IIln CC~O""llccePUili( ~"''''''rillldibt''prirftted lor Oeaersl Contradln. ~ ..C~ e,~-,"'JIIIM lIMdorcou_ecr b1 sueh
I 111111 oIIllthli.pobJfe totfMli.~iq_,< thu&. ~~"''''''~fillDM'''''HDeeclof ~HouslntUlll'" '~ .:;.c,,'~....,....' ~_IIt...
blrlderltir....PotItIIt............"" ~l.o.iii(lrlllZ .1'nsit._~!:!! T 01...... lIi......toprtce tbea1tersa",,",fir~"""""""ofllld-'...,.S1aay
title .1III1nt8l'est 0' Chat.... DneIop..... ""W'IIOIl;O""ill') I as ,... ; atllDIliier.... .1iItI.....- tlte huitnidtil_ to IIiddl!l"l Uld 1Ul)"~li""_"""""IIId""ofllldr IInsl
CDalpuIJ.aColarsdDCldIpont1oIl,tfMlakI ".,WIltD!CTr:t 1"1~""-"'aUo.' to~. tiI,f'IIrd-." erttertslli;t.dbalow ml.)'becaRlldeNdtlrt .........OII.........I&~.......
OeIendIIt.hlllld~_""S.1J9l~'{: W~~lIt._" lduueiMkf.u.;.....A1I bylaw......,~.,:,e, JudIInIWltIdtIllld...lbebat.........jGi, :......,.......'---'_utluapaldon
100'doet .... al th. Ptttln Cou.,,'( _b.....aI....a.lc 'OInWoad~... U*'PlRMof'Qn1E6cAnt.E.P.c.t!l CIty: .- ~"," ., "__'? ~,,~""'''''''dIIar.''''''''J'ldUCcutt)'
Cawlhnuien.lttpa"falbac-t,.........., CaaW(l.......).IDter-.if~.., A'M'IMP11NGlOCOI.IJtTADE8TAHDANY -IJItolflre9lolis~""""'~: .lIoiiriIoIl" . .-~"..,::. -. .
StSleolColorado, .. _ ..1nIped: thewhldal....1III ohtaIrr detded INFOIlMATION OBTAl'tPDM.1.1lI USED fOR COPIr'IIctInlIsenk:eI .J-.. ...... tIle_OfIl ~ to"lUeh
NOTICE: THE LIEN 8EINO FOREClOUD.' l,eellkltlool bytaal......oa.t.uI-H1na,... 1HATPlIU"OllE.;. -tlatolrelerenc:eri It~ prIorlolUChllasllettlement will
lI'ON MAY NOT BEAI'RiT Uf1t. CoIandDIIIotInaIInCo!lep.I.___A-.". 0atetI...,'11ItII . -tlatol pontbktsubeon!rlctors to complete rellrrwAldSpoaor..........IIl11lsb...,
DatedMPltldaCauaty,thItIl6lhdlyofAfrrl P.0.eo.l000I.0Imw00dSprhrJa.OOI16llZ CualLFoote,DtiputJI>ublleTrulteelltand pI'GfeeI forsuc:hclalurtt'ldIIa.
1996. (Tel:f4S.IlIlIll,EdenIIoa4llZ).s.aledbldl_ ....IheCGUlltJofPlt!lllt.CoIondo. -Houri)' rate. lor ,rovldlnl .enersl PttIdrtCCIIIIItJllaanloICorriJnIaIonen
RobertC.Br....,5MftlloIPltldnCourll)' to hesddre..ed 10 MlhS.wyw.Colotado FlrtIII'uhIIcstk:ln:MI,.IB.11ItII eaa~JervIcn .. . CountyolP1tlllIl
IIy.DelneTstum.DefMitJ' MDlJlItalft .Coll..... 1402 Ilah, A"Dltl. laItPtrblleatlon;....I5,I99& PropouIamayllDl: '"'wtthdrawafor.perIOd>1'.IJ'.!, "~'~'!'b .. . SlIMolCalondo
Dsteolf'1rltPlrblkatlon:Aprl120.I99&. OIeawoadSp......CoIarIdo.lflOLBldtIllllt, .......oIPtrb11eat1on:TheAlpllll11ntea olthlrl)'(3'9d..,.nh. ..........._. .... '-", ~,";l' B)':....IlTrue.CbaImM
DsleolIMtPlrblletdlon:MI)'25,I996. bereeet\ledlntheOllleeolColleta'f'aelMaetry AttOmar. donlI~. ,.~;-~'.,. TU ''')-,. ~.- Fntpubllcsdon:",,'1,11ItII
Published In The AapenTlmlll Aprll 2O.:n 4:00 p.m., May 31. 199& or be ~ br Caren;_ 8Y,'fHI OROIR~:tHI'cm.or ASPIk,. ,._.r:.....PubIIetdoc ....as.1t911
IOdMl)'4,1I.18and25,I996. May31.199l1.Color.doMount.lnCollele 10991. CXl..QR.\DO.;:".;-!:-. .', " .. .:~J.~tn1ha~}~"":l"bd21.
_ therlChtlorefectany...:hlb6dl. 'DeMC .. ' .;'J:-;~ ToaRuhel.I'rOfeetCoonllnllor~;".tM '.,~> " .".
COIIHTYCOURT,PlTKlNCOurm',COLORAOO PubblbedIll.The.....pesq'l__II.Z5. '$\.i.~' '.' ~..;.....AlpenTlmelMI,YI8,I99&. ':' .
~~ imd~I.I!196.;o .. ;.'-"-"""'(,. '<-:t:~"'0IDNANCI!.11 A.
INlltEMATJl:ROFntEPETmONfOR'I1I! N01'ICIIOF~.'. . f$ALl' I..~.,. (BlIESOf'I9M) '.-
CKANGEOPNAMIOf':JUJEANNUNDEItW.No' ToWbolikM ., . :~ AN-OIlbINANCIl. OF. THE ASPEN CITY
CLEVENOT.I'et1UoneI-. . ..pert'" ,Jo... . COU'fOLIJIWmNQASlXMONTllEXTENSlON
Public N01~ II berebr .lnn that br.. _-'PeadofTnde..: .';.,c.:., ..'~ OFT1fE 1993 LOOGEGMQSA1.l.O'1lAFJrt' AIfD
OrderoltheCount)'CourtGtPltklllCatmt)'.. ..orIIInIIonirtOf~Jiiliiiiil VESI1!DRIOHl101Wm!J:jeYOItDlNANCENO.
Cotorado....teredonMarc:hl8.1...lntM'..,0rItIuI. ~. .DIOUUfIIMINUTES.Il S, SERI~ or _19113. AND EXTENDED BY
above.lIIlUtled__,u.e._eolJlK.E-,,"".~ ~ ."... .'J, . ~".-(!1"v"'~.,.. ......'FEET ALONG THE ORDINANCENO.51~51Jt11!.S0FI9t4.AND
UNDEkMAN-CLEVENOT 'li-ID be chsnfled.-t6:":~'" ~~.. EvldeAOli dt'~ ,\ NOR'I1fI!.R1.V:' . . ,to) LOT 10; THIlNCI!,. DCTF1IDElJ BY OIIDINANCE NO. Is.: SEIIIES ()fl.
t.lAHALl DE RASAYANA, upon ,rool olP by th.DMd_o'Tnrsl; ~n',Mo......,'r WEST IBM '1V~rowr",",TlfEWEST 1l~95 FOR THt BELL MOUNTAIN LOBOE'
publlcstlon betnI hied WIth thoe CIert of the ._.'. .., .. . .. .. - ,. ,. ...;;' UN[ or SAID L01 lllt1:mNcl NORTH 7.ll0 Rf:DEV!1OI'Mmr, no I!.A!T COOPER AVDn.E
Court. ., . . "..".DllleofOMdi-ofTrult:Msyl3.1m" >f!ETAlOH011CWlSTlHOPSAIHDfIO ClTYOFA5fEN.PI11aNCOlNTY,OOLORADO.
Clerkallhe~~!;1.,.~j~~~~~".1~::'~;'.~~cf.H7~~OF 'Ol~~~~~c;~::::.
Publl.hedIaThe. Alpet>11..MMa'4,;U.-,...... ~andIorFllatNo..ofRac:anW. _ Deettt...'.....'.,.PU........ ilfIr AiitiM...... ....18.25, OnIenI.Alpen.durIdt__bullneQ~ ~
18,1996. .. L ..."....,1~.!".....,....l!I.:r............'No.!.94lI64..:.::......'....,:)....".;:>;~JunI. ........, ........ ."'.t.-'-.~ l ..... '. f1NAU.Ylldopttld........udlllfll'"'llll~ <'
. IIiII _ ...Trtdti. '. . ,.,.........:..:.....,'-...,.: ....
, _"H~"".':".__--'.... ':.' .,' ,.... ,....-. ..,L.-.,.'""'....... -.'k,. . -....-...... .....
NOTICt'crf'".JBLlCTP.'...-."In:!:"S"""uo.'.:.'...~...-"i'OO~..DiBY... ,.<.,.c"". :..,' '. ;....,. ."'i..,..~'~Ntrt'ICI,,', . .. ",., '.- '. JohnIleljDett..Mqor.;;,.
TOWh~IIII'M:: c..:'"".'."O:Tbll.~ko.~~~t~II-,..~~.~......... "'""""" lbecllo.~. ...tIiil_.bwIM',.:~~~..... ..'::"'. .":~..I=: PutrIIIbetIIn~=~~~;:':
slvenwlth...anIt(lUte:,lolkrwldl~:r,c>:-..~ . **,_..n.I~1'flciuMitd:..,~,:the ~_\.;~,.~jll!,.' ':.
~':~t:n~ilf~al'T~~~:r.::.~,,,'~OOU:I~;;:=~;.~~M"ISSIO~'~~~=v. -:.:':~';..~1~13
LarryW.yneOsvll...ct.................. _,.. .:- ,.,_.:-..;~.~:........_ .........,.... "demHd~i..COLORAIlO;ISTAll.i*HlHQAPOUCY.. "',.R ,.ANORDINANCEOF1'HII.CnYCOlMClLOf
~~~,~"~~f'!It~~~~.~:~=-~:r-cn::;~.~~~~~. ~~S~=~I~:~.
Currelll owner ollhe ~den",..d:.t:..~;,L~.. dllltt~ ~lIt..'.:"..,~:JeanItlIIi....""""OIIk'Rei:arder ASPE" MlJPtlClPAL CODE..ADOmNO BY:'.
secundbytheDeerlolTMt:PtaY~~'.; .~~Dl*I-.Of',.~f:P1IIl'.:" 'CGf*of.....,.,liItt:oI'*.IIaIioIutIonm .REFERENCI!lT1f!WfIfORM FlRICODII..IIM'I.
~e:~~T:'~~T~~. ,..,.~;,:,." '~':'~'r~. ~'t-.~~...\~~.P::=:t..pUc~:~~I;:.....lt.,o:;r...of, '~.mro~",=~~C:.J::,'
1994 . ,.': <",,~~":. IbipI'DpIrtJ ....lrJ_Dilidal'Tn*'>I~/.4:30pIII. , ~~""t~", ..,-' .. MlMCIPALc:orEINt'ONSIStDn'1HfJt!WfI1t.
CountyoIReeordlna:Plt~ ,.~,",... ,i~It~,',"'" ~~_IhiICooIrIYtrf ....'.....ef.~;l\rtrlltbldlriib.;....~...,I..I89B. CopIeli 01_ onlInance_ avaDIltIe fir the_
ReceptlonNcr."'ReeordadDwdotTnari~.=_ ....iWet1bauro.o.ii: :-,'.' ~.. ~ ..'..,. . . offIceallheClt)'C1en.Clt)'HIlI.IIlISclIrtk
3654S2 ~ -:"~.'~.'" Cal'" ftlu._:U1ft 40J UURILW()OD; ,PlBUCNln1cISIC'I'klrf.todfOTICI: . OaIeM,AIjleft,cUInf-"'-~1Ioun.
Boo'IOdPQleloIRecordedDeeclal~' 'CON lUllS 'lCcOrdlnl ,.'0' the:;.'rb~I"5ro"9If1.PF,.htantotPl'IYSte FlNAU.y'adopted,;;.;dind.....".,..,t*
BaokNo.137;P.HoI.841hhrabah.... ;~' T~, _r-. . ........lIppIIirInalalbi....oI.:. FoulldaU.D ,",.llte IettyA; aitdUo)'d O. IJ__of...,.II1!l1..
YOU ARE HERE8Y ..NUTI.F1ED.~...:lt.t.,tb..C.......~ ..itdReeOrder..'ItII:l.:;,.SCh.....'.'addl.."" '.h..Ift.."......' lit....... ,-(. , JohnBennetl......
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ORDINANCE 16
(SERIES OF 1996)
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, AND EXTENDED BY ORDINANCE NO. 15, SERIES OF 1995 FOR THE BELL MOUNTAIN
LODGE REDEVELOPMENT, 720 EAST COOPER A VENUE 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 (6) months for developments other than detached residential
and duplex units; and
WHEREAS, on February 22, 1993, City Council adopted Ordinance No.3, Series of 1993, which
approved a GMQS allocation for the redevelopment of the Bell Mountain Lodge at 720 East 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 two (2) prior six-month extensions which extended the GMQS
-
allocation and vested rights to February 22, 1997; 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 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, on July 12, 1993, 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 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 COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1:
Pursuant to Section 26.100.100 of the 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 No. 51, Series of 1994, and Ordinance No. 15, Series of 1995, for the Bell Mountain
Lodge at 720 East Cooper A venue beginning February 22, 1997 and ending August 22, 1997.
Section 2:
Pursuant to Section 26.52.080 of the Municipal code, 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
East Cooper Avenue as approved by Ordinance 37, Series of 1993, to August 22, 1997, with the following
conditions:
1. The extension ofvested rights shall be for six (6) months from February 22, 1997 to August 22, 1997.
2. The rights granted by the site specific development plan approved by this Ordinance shall remain
vested for a total of four-and-one-half (4-1/2) years from February 22, 1993, which was
retroactively approved by Ordinance No. 37, Series of 1993, adopted on 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.
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.
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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 fmal 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 13 th day of May, 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 once 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
ATIEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this
day of
,1996.
John Bennett, Mayor
ATIEST:
Kathryn S. Koch, City Clerk
3
'.'"
AGENDA
May 13, 1996
5:00 COUNCIL MEETING
I. Call to order
II. Roll call
III. Scheduled Public Appearances
a) Outstanding Employee Bonus Awards
b) Proclamation - National Historic Preservation Week
c) Proclamation - Arbor Week
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT on the agenda. Please limit your comments to 3 minutes)
V. Special Orders of the day
a) Mayor's comments
b) Councilmembers' comments
c) City Manager's comments
VI. Consent Calendar (These matters may be adopted together by a single motion)
a) Minutes - April 22, 1996
b) Resolution #25, 1996 - Mall Leases
c) Ordinance #17, 1996 - Amending Housing Guidelines
d) Request for Funds - Independence Place
e) Resolution #24, 1996 - Utility Consulting Contract
f) Ordinance #18, 1996 - Adult Entertainment
g) Ordinance #19, 1996 - Mall Performers
h) Chlorine Emergency Response Program
VII. Public Hearings
a) Ordinance #13, 1996 - Adopting 1994 Uniform Fire Code
b) Ordinance #16, 1996 - Bell Mountain Lodge GMQS Allocation Extension
c) NbrthMaro-orrCreek Annexation Continue to May 28
d)" South Maroon Creek Annexation Continue to May 28
e) Resolution #22, 1996 - Colorado Riff Raft Temporary Use Permit
1) -Ordinance#a; 1996 - Trueman SPA Continue to May 28-
"
VIII. Action Items
a) Resolution #26, 1996 - Hines Water Agreement-r."f\"( ",r.'
.. b) Resolution # 23, 1996 - Smuggler Affordable Housing Conceptual PUD
IX. Information Items
X. Adjournment
Next Regular Meeting Mav 28. 1996
COUNCIL MEETS AT NOON FOR AN INFORMAL PUBLIC DISCUSSION, BASEMENT MEETING
ROOM
MEMORANDUM
TO:
Mayor and City Council (\,. I /
Amy Margerum, City Manager ~ <
Stan Clauson, Community Development Direct~
Dave Michaelson, Deputy Director;P tv\
THRU:
THRU:
FROM:
Bob Nevins, City Planner
DATE:
May 13, 1996
RE:
Bell Mountain Lodge Extension of GMQS Allocation and Vested Rights
Parcel I.D. No. 2737-182-27-003
Second Reading of Ordinance No. 16, Series of 1996
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
allocation and vested rights from February 22, 1997 to August 22, 1997.
The applicant also requests that Council either waive the land use application fee or that
this application be limited to the Community Development Department Flat Fee of $235.
The application submitted by the applicant is attached as Exhibit A. The previous
extension approval, Ordinance 15 (Series of 1995), is attached as Exhibit B. Proposed
Ordinance 16 (Series of 1996), is attached as Exhibit C.
Community Development Staff recommends the six (6) month extension of the GMQS
allocation and the vested rights status for the Bell Mountain Lodge be approved; and that
the land use application fee be waived.
APPLICANT: Bell Mountain Limited Liability Company, as represented by Alan
Richman of Alan Richman Planning Services.
PREVIOUS COUNCIL ACTION: Ordinance 16, first reading. was brought before
Council as a Consent Calendar matter on April 22, 1996. The motion for approval of
Ordinance 16 was passed unanimously without discussion.
CURRENT STATUS: A consultant has been identified to perform a financial analysis of
the Independence Place development. In addition, responses from several architectural!
planning firms have been received by the Community Development Office. Pending
Council approval ofthe $15,000.00 budget, the consultant team will be engaged to
prepare the design studies and fiscal analysis necessary for the proposal to be brought
before the City electorate.
BACKGROUND: A total Growth Management Quota System (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 total GMQS allocation was based on
the accumulation of: ten (10) lodge units from the 1992 GMP competition; ten (10) lodge
units from the future 1993 GMP competition; and two (2) lodge units from the future
1994 GMP competition. Vested rights were granted retroactively to the project via
Ordinance 37 (Series of 1993) adopted on July 12, 1993. The GMQS allocation and
vested rights were to expire on February 22, 1996, three (3) years from the date they were
originally granted.
The applicant has since been granted two (2) extensions of the GMQS lodge unit
allocation and vested rights. Ordinance 51 (Series of 1994), adopted October 11,1994,
extended the GMQS allocation to August 22, 1996. Extension of vested rights was not
addressed at that time. A second extension of the GMQS allocation, including vested
rights status, was granted via Ordinance 15 (Series of 1995). The current development
order extensions expire on February 22,1997.
Since Council's initial approval of the GMQS lodge unit allocation, Bell Mountain
Limited Liability Company acquired the property. Shortly after their purchase in 1993,
the applicant agreed to work together with the City in a joint public/private partnership to
be known as Independence Place. The proposal includes the potential creation of an
underground municipal parking garage and the redevelopment of the Bell Mountain
Lodge and the adjoining City Market and Buckhorn Lodge properties as a unified project.
The Independence Place project is continuing forward. Conceptual massing studies
along with economic feasibility analysis will be conducted. The applicant remains
interested in achieving a project that can be of benefit to the community and is
economically viable. Additionally, the applicant does not want their lodge development
timetable to interfere with the City's opportunity to fully explore the potential ways of
realizing Independence Place, including bringing the matter before the electorate in the
coming months.
Currently, the applicant's GMQS lodge unit allocation and vested rights are scheduled to
expire in February 1997, at a time when construction start -up is not practical. If the
request for an extension is not granted by Council, the applicant would need to start
preparing working drawings and to obtain financing for the development of their lodge
project within the next few months. Demolition and redevelopment would then occur
during the summer or fall of 1996. This would effectively eliminate the Bell Mountain
Lodge from being included as part of the Independence Place development. By
approving this extension to August 22, 1997, further exploration and refinement of the
Independence Place proposal can be undertaken without jeopardizing the potential of the
current redevelopment project or applicant's GMQS lodge unit allocation.
STAFF COMMENTS: Section 26.100.100, Expiration of development order, of the
Municipal Code states that development allotments and all other development approvals
shall expire on the day after the third anniversary of this date, unless a building permit is
obtained and the project is developed, or unless an exemption from or extension of the
approval is obtained.
Developments of any type other than a subdivision composed of detached residential or
duplex units shall be eligible for extension of these expiration provisions. To obtain an
extension, an application for extension shall be submitted prior to the third anniversary of
the date of approval of a site specific development plan which shall demonstrate to the
satisfaction of City Council that:
a) Those conditions applied to the project at the time of its final approval that were to
have been met as of the date of application for exemption have been complied with;
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 building plans have been submitted for building permits.
b) Any improvements that were required to be installed by the applicant prior to
construction of the project have been installed;
RESPONSE: No public improvements were required of this project until the issuance of
building permits.
c) The project has been diligently pursued in all reasonable respects, and the extension
is in the best interests of the community.
RESPONSE: The applicant, along with the City, has been pursuing the Independence
Place redevelopment project for the past three (3) years. It is in the community's interest
for the project planning and feasibility studies to proceed forward at this time.
STAFF RECOMMENDATION: Community Development Staff recommends approval
for a six (6) month extension of the 1993 GMQS lodge unit allocations and the extension
of vested rights for the Bell Mountain Lodge at 720 East Cooper Avenue.
The six (6) month extension shall begin upon the expiration of the current extension
which is February 22, 1997. This extension of the GMQS allocations and vested rights
status for the Bell Mountain Lodge shall expire on August 22, 1997.
Staff also recommends that due to the applicant's participation and continued
involvement in the Independence Place project, the land use application fees be waived
for this extension request.
RECOMMENDED MOTION: "I move to adopt Ordinance 16, Series of 1996, on
second reading which extends the 1993 GMQS lodge unit allocation and vested rights
status for the Bell Mountain Lodge at 720 East Cooper A venue from February 22, 1997 to
August 22, 1997."
CITY MANAGER'S COMMENTS:
EXHIBITS:
A) Application for Extension of GMQS allocation and vested rights
B) Ordinance 15 (Series of 1995)
C) Ordinance 16 (Series of 1996)
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P'-e/,,?u (970) 920-1125
March 20, 1996
Mr. Stan Clauson, Community Developrnent Director
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
RE: EXTENSION OF BELL MOUNTAIN LODGE GMQS ALLOCATION
Dear Stan,
This letter is submitted on behalf of my client, the Bell Mountain Linilted Liability Company
(hereinafter, "the Applicant"), requesting an extension of their lodge GMQS allocation and
the associated vested rights. The request is submitted pursuant to Section 24-8-108 of the
Aspen Municipal Code, "Expiration of Development Order". This section states that
developrnent allotrnents awarded to a project shall expire on the day after the third
anniversary of final developrnent approval, unless a building permit is obtained and the
project is developed. The section goes on to authorize the extension of an allotrnent, 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 ailocation and vested rights were to
expire three (3) years frorn the date they were granted, that being February 22, 1996.
The applicant has since been granted two (2) 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.
Request
The applicant hereby requests an additional six (6) month extension of the GMQS allocation
and vested rights, which would extend the allocation and the vested rights to August 22,
1997. Our reasons for submitting this request follow below.
Exhibit A
Mr. Stan Clauson
March 20, 1996
Page Two
Almost i=ediately after the Bell Mountain Limited Liability Company purchased this
property in 1993, the owners 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 owners
remain interested in achieving a project that can be of benefit to the co=unity and that
is economically viable. However, because they have focused their attention on the
partnership during the last three (3) years, they have not gone forward with the development
of their approved project, placing their investment in the property at sorne risk.
Since the lodge allotments are scheduled to expire in February, 1997, at a time of year when
construction start-up is not feasible, the owners would need to be prepared to initiate
demolition and re-development during the summer or fall of 1996. This means they would
need to start preparing working drawings and to obtain financing for developrnent of their
lodge project within the next few months.
However, the owners have continued to express their willingness to work with the City on
the public/private partnership and do not wish for the lodge development timetable to
interfere with the City's opportunity to fully explore the potential ways to realize this
partnership, including taking this matter forward to the electorate during the coming months.
The approval of this extension will provide all of us the time we need to continue the
exploration that is now underway within the Community Development Department.
We would also request that the City eithe(waive the fee for this application, or if the City
feels some fee must be paid, that the fee be limited to the "Comrnunity Development
Department Flat Fee" rate of $235. We feel that this extension is necessitated only because
of our willingness to cooperate vllith the City to achieve a public purpose and that we should
not be charged for processing this relatively simple matter at the Planning Office's rate of
$175 per hour.
You should be able to find in your files a letter from Jim Valerio that confirms that I am
authorized to subrnit this application on behalf of the Bell Mountain Limited Liability
Company. Please call me if there is anything else that you require.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
A-z~ ~
Alan Richman, AICP
381799 8-7B2 P-358 05/31/95 12:4BP PG 1 OF 4
SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER
REC
20.00
DOC
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
Exhibit B
.........
38179g
8-782 P-359 05/31/95 12:48P PG ~
OF 4
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 one
year 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
four years February 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.
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
381799
8-782 P-360 05/31/95 12:48P PG ~
OF 4
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 theft'
day of~, 1995 at 5:00 P.M. in the City Council Chambers, Aspen
City Ha~Aspen Colorado, fifteen (15) days prior to which hearing
3
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381799
B-782 P-~61 05/31/95 12:48P PG 4
...JF 4
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
/3
day of
I h } fJ.-/M-Jt--
, 1995.
~ ;it
I~ ~~ t
John' Bennett, Mayor
FINALLY, adopted, passed and approved this
,
10
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, 1:995.
City
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GIRLS FRIDAY. SECRETARY
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code, Clly Council doel herebJ.r.ntth.
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VllSTPDIllOHTSORANn'IlBYOIlIJIIl'4AM:Er<<>. A1JIUII22,I!ilOT,wIIhtbelolloWlnl~
~it~~:1i:c~~d.':~: S~:rES ~~EI::'DA=~ I. The eortftlslon of wtIed rlJlhlllIWI be lor
IXIl:NDm BY ORDINANCE NO.1$. ~ flF ~ zi.i~~.llrpm Februal')'22.J~U 10
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WHERFAS, purlUanllo Sect~ lIfl.l1lO.1llO of Iud( (4-II2))>ftno from Febn.auy 22, 19t3, which
the "-pi!''' MW1lcl~ Code. Clly COUIX:"IIlIY _ retmactlftIIy ...proved by Ord'1IUICI! No.
.,.m In e.tftllloa 01 GMQS 1Il1oc1t1onl up 10 37. SerlH 011993, adopled 00 Ju'y 12. 19!t3.
11:1: (~ 1Il0ntlw for dn'l!loplIII!nt8 Plher tlMn Howenr, 11I1 ~ 10 ablde bJ' IheterMI and
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~~~j,~~~ =,!-~~ellli~lI".~~ted,'~~
l.:.rOMd ,,"GMQ.t '..loclllOft"or'lhe 3.-n.iptiro"llltalllecflifl,by'ihlit:be
.--.,ll....,...A bllhe_'BeIJ, -MouI-'l.cIdeell ......lollllr;llhb,oI~....jIIIIc:IiIiI
7IOr.OoiIIpetA..._ . ,,'...' rmnr. . " .'
~~ihii~............. .4..'NothIaIInIbl!'Ippn;vw~In..th18
.....,....the.lhIrdannlYl!raryollha.. Ordlnlnc. .hllleltl!"'pt thllll.lptlclfk:
the OMQS.a.DI!nolloll,l.!lr other de\reiop..nl developllMftt pYa fro. lubll!flUl!lt",*,"
~.~__lI\INnJed;and ....,or........~.,dlIIOrdIIwIceor
E.Cowldt,.........two(2)prU t........ruIs.~or'~or.
~. tt uti'"lelll .h6cheltt.nd.d lh. tn. elly ,rovld.d lhat. auc:h r",_~ or
. . ~~,~rlIht8tof'''''''' .ppro"ela.,e nOllnconsJlt.DI:dll..
'II.UfJt~....~.....,'-,.'~.-antedllldveat..henia.~-..,..
WtfIR~ the" appliunl. I.n Mountllii' 5. The hhlbll.hlll.nt heretn ol i...t.d
.uirlte4 Llttbtlk, CompeD" ."~'ltH '. - propert, '~il'tt .h.1I nof' lI'ftl~lh.
MDiher llIi (d)'..... ftl--.r of IhiI GMQS applkatlon 1lI,ordtIwlcea or........ which
""''''nln"",*,,Io'Clllotlnllt~WlIhttli:! Me .-,.l1n'Utureabcfare.Ppf~I1I"
CllJ'todMlopthel~""ptlltect. propeft1-1U~.(o""UII!fl!lUlailott.,...
wllhoutllUllI, the ~to tItII1liit ttw1m City of Mpen Illc:ludhti: bul .not llaltle!l_"
GMQ5.noc.u. tl....~......,....... b..."c1ln.: lire, plulll~litl. .IUlricI' .1Id
iIId ' ,.~ ~l,.-"~ ...""'1-)-', . '<.~ ~coi:Iet.hlthtSreprd.",.dlacItkiIl
C~'=,..(....~..;l~.~~;..:tll'f1::~'Z~~;pr~fl..::
.:::-~, df ,~..!!~~.,":,).~,ltl,llldlllf. 'Ilr.,'PI',lIltbIOW:\iIftt","C:.iI,.d,cI
lftIlI~:.n'-ihiir-'Uj-i9iii;..~'-'ii"t"':"'_".O::"-IC;.1 c;oct..;'..n...... ...."".,.
<IlIQI'_..............~.idd...".:,'-.,.""/:'~-..~_~~_,,.,,__,;~~F;
W"ERW...lhe"'P1~lIln. onI~J';.~~i ~--:;,_~:t, '.' _ ,: ;V~'.
'~ ~:;~::~ItIIt,UI~.kIO..~h~MO~r1'o.~~;I~..:.~~e.":::.~:
.ndriHn1~lnOrctl~J;'~~,-, .......dl'tu&.iIiN(wtlI1IntbeCltyolMpelf.
1_.iftdI~.ed""'_~JIIiM(,"~\'" flterth.n~a'(14)d.ys IOIIoWI",~
"','wHERE.u."ihe AI....i' dty~u.~~.. *'opI\onhereaf.'~'" '~'_~;::;:
_Idered tlte COMmunity Dneto..ent Sec:tlon 4,
DeputO'M1lt'.. recoanneitRtkm."-AM .GMQ.t . ',' H an)' Hdlon, RIbHdloa, M:ntence, dauae;
exte.I!I.'oO. d"I....h.to Irlll. ."olh,r ...~ phrueor~otlhllordlBaQnl'''M)'
I!llII!nIIon lor'IIr(6)lIIOOtlwuda-dWlted':_ hekllnvIIkI .."'UIlCOIIItllulto:>,..( by...,.
rl'h.t~ 1I..tl,ll 10 "OJll~lde. WI.th.h~,~,".Q5 " _ o! mlOpeiHl)urtact1ctlon, ludt ,,_ten
~. MldlUChhokl.,.liIIlIInotaflec:tthevddtyol
NOW, 'flfEREFtlRf.. BE rroRlMlm> BY ntl!. die remaln!t"! porticlow IIMreof, <'~
~CILOFTHi.cITY.OFA5PE", 5eetJon5: "
~Ionl;' ,"' "II:-IkItt~I:~~::'~~I:"!"~
Pon....nt 10. Section U.IOO.lOO,olll'te oI...fdloaorproc<<dl"1lnowpendln.under
MwaIclpalCode.Cl~Counc1ldoeaherebJrrant or b,.virtlll,ot'''- ordlnlllce. ,epelledor
Ihe...,ucanlar>olherllx(8)lIIonlheortenllon Imeacted..her-l!ltlprovl~d..ndlhe'I'"
of the 1993looee GMQ5 1I1!X.11Iltt .pproved by INtII be CCIaIlxhd and conduded under IUdt
Ord.nlnce3.5er.elofl!l93.ellteDdedbt prloronlrlaaoaa.-
Ordln.nct! No. 51. Serle. of 1994, Ind SecIlod":ApubtlchMrln,OfllheordlnlllCl!
OrdlnarK:l!No, 15. Serio of '995, lorlhe Bell .hall be Mtct on the 13th dQ 01 May, 19M II
MOuDl.ln Lcd._ It 7W E.II COOflI!\" AVI!DUi! 5:00 P.M. In the CIty Councl. Chunbers, Aapen
beFnlllJ ~ebrury It- IM_~.. AuaUat Clly HaU. AI,.... Color.cto. Ilheen (l:i)) day.
22,11lll7. prior 10 whldl hearln.. publk: notkeolthe
.',.'1
ORDINANCE 16,
::.'~iw'loio;,
ti:I..........~
.'
MIIIII I"" be publllhedGnl! In I MWI,.,er 01
JmWIIdrcuIRloawllblatbeCltyof,.\lpm.
INTRODUC':D, READ AND . 'ORDERED
PU8I.ISHED_JIf'CIlr\lhodbyl.., b)olheClty
eou.cU of'the at)' 0<< ,,-,.... oa Und day of
AflrU;JllIIl. ,--..
JomBennett,NlIyot
ATrt:sT:KathI)'il5.lCodi,clty_Del't
I"ubllahedIllTheAapenlbMS,Aprft27,I996.:.
NOTICE OF
APPLICATION
FOR A TAVERN
LICENSE
APPUCANT:
Club Freedom, Inc.
425 E. Hyman Avenue
Aspen, CO
OWNER: ,
~e1 HarrIs Perrin,
Box 1286; Aspen; President
and Matl8ger;
Samore Basanty, Secretary,
008S PrImrose, Aspen, CO
APPUCATlON DATE:
AprilS. 1996
HEARING DAre:
.,May 7,1996
TRADE NAME:
Club F_
426 E. Hyman Avenue
Aspen, CO
Petitions or remonstrances
may be filed with the Pitkin
County Clerk, 530 East
Main Street, Aspen, CO.
Kathryn Koch
City Clerk
Published: April 27, 1996.
Posted: April 27, 1996.
Publlahed In The Aspen T1~
onApr1t27,l9911
CITY COUNCIL AGENDA
April 22, 1996
5:00 COUNCIL MEETING
I. Call to order
II. Roll call
III. Scheduled Public Appearances
a) Community Commitment to Children Award
b) Education of the Young Child
IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues
NOT on the agenda. Please limit your comments to 3 minutes)
V. Special Orders of the day
a) Mayor and Councilmembers comments
b) City Manager's comments
VI. Consent Calendar (These matters may be adopted together by a single motion)
a) Minutes - April 8, 1996
b) Transportation Funding Request
c) Resolution #20, 1996 - East Cooper Street Improvements
d) Resolution #21, 1996 - Fleet Purchase; Faris & John Haines
e) Ordinance #10, 1996 - 616 W. Main Historic Designation
)-t) Cl}2.V)~1'tI", \q"lJ..
VII. Public Hearings
a) ~J9rth Maroon Cr.eek AAnexation Continue to May ~
b) 30utt1 MaIOOIl Creek Allllexatioll - Continue to May 13
c) Ordinance #11,1996 - AH1/PUD Bleeker Street Victorians
~) Ordinance #12, 1996 - Amending Penalty Provisions of Municipal Code
VIII. Action Items
a) Ordinance #16, 1996 - Bell Mountain Extension of GMQS Allocation
b) Ordinance # 15, 1996 - Water Treatment Plant and Affordable Housing Project-
Conceptual SPA Review
IX. Information Items
X. Request for Executive Session - Potential Litigation/Property Acquisition
XI. Adjournment
Next Regular Meeting Mav 13. 1996
COUNCIL MEETS AT NOON FOR AN INFORMAL PUBLIC DISCUSSION, BASEMENT MEETING
ROOM
FULL AGENDA PACKET IS AVAILABLE AT THE PITKIN COUNTY LIBRARY
"'\\ a..
MEMORANDUM
DATE:
April 22, 1996
{'V
TO: Mayor and City Council
THROUGH: Amy Margerum, City Manager~
THROUGH: Dave Michaelson, Deputy Director "p."" ·
.'.'
(;'"
\
FROM: Bob Nevins, City Planner
In
O.
RE:
Bell Mountain Lodge Extension of GMQS Allocation and Vested Rights
First Reading of Ordinance No. I"=' , Series of 1996
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
allocation and vested rights to August 22, 1997.
The applicant also requests that Council either waive the land use application fee or that
this application be limited to the Community Development Department Flat Fee of $235.
The application submitted by the applicant is attached as Exhibit A. The previous
extension approval, Ordinance 15 (Series of 1995), is attached as Exhibit B.
Ordinance _ (Series of 1996), is attached as Exhibit C.
Community Development Staffrecommends the six (6) month extension of the GMQS
allocation and the vested rights status for the Bell Mountain Lodge be approved; and that
the land use application fee be waived.
APPLICANT: Bell Mountain Limited Liability Company, as represented by Alan
Richman of Alan Richman Planning Services.
BACKGROUND: A total Growth Management Quota System (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 total GMQS allocation was based on
the accummulation of: ten (10) lodge units from the 1992 GMP competition; ten (10)
lodge units from the future 1993 GMP competition; and two (2) lodge units from the
future 1994 GMP competition. Vested rights were granted retroactively to the project
via Ordinance 37 (Series of 1993) adopted on July 12, 1993. The GMQS allocation and
vested rights were to expire on February 22, 1996, three (3) years from the date they were
originally granted.
The applicant has since been granted two (2) extensions of the GMQS lodge unit
allocation and vested rights. Ordinance 51 (Series of 1994), adopted October 11,1994,
extended the GMQS allocation to August 22, 1996. Extension of vested rights was not
addressed at that time. A second extension of the GMQS allocation, including vested
rights status, was granted via Ordinance 15 (Series of 1995). The current development
order extensions expire on February 22,1997,
Since Council's initial approval of the GMQS lodge unit allocation, Bell Mountain
Limited Liability Company acquired the property. Shortly after their purchase in 1993,
the applicant agreed to work together with the City in a joint public/private partnership to
be known as Independence Place. The proposal includes the potential creation of an
underground municipal parking garage and the redevelopment of the Bell Mountain
Lodge and the adjoining City Market and Buckhorn Lodge properties as a unified project.
The Independence Place project is continuing forward. Conceptual massing studies
along with economic feasibility analysis will be conducted. The applicant remains
interested in achieving a project that can be of benefit to the community and is
economically viable. Additionally, the applicant does not want their lodge development
timetable to interfere with the City's opportunity to fully explore the potential ways of
realizing Independence Place, including bringing the matter before the electorate in the
coming months.
Currently, the applicant's GMQS lodge unit allocation and vested rights are scheduled to
expire in February 1997, at a time when construction start-up is not practical. If the
request for an extension is not granted by Council, the applicant would need to start
preparing working drawings and to obtain financing for the development of their lodge
project within the next few months. Demolition and redevelopment would then occur
during the summer or fall of 1996. This would effectively eliminate the Bell Mountain
Lodge from being included as part of the Independence Place development. By
approving this extension to August 22, 1997, further exploration and refinement of the
Independence Place proposal can be undertaken without jeopardizing the potential of the
current redevelopment project or applicant's GMQS lodge unit allocation.
STAFF COMMENTS: Section 26.100.100, Expiration of development order, of the
Municipal Code states that development allotments and all other development approvals
shall expire on the day after the third anniversary of this date, unless a building permit is
obtained and the project is developed, or unless an exemption from or extension of the
approval is obtained.
Developments of any type other than a subdivision composed of detached residential or
duplex units shall be eligible for extension of these expiration provisions. To obtain an
extension, an application for extension shall be submitted prior to the third anniversary of
the date of approval of a site specific development plan which shall demonstrate to the
satisfaction of City Council that:
a) Those conditions applied to the project at the time of its final approval that were to
have been met as of the date of application for exemption have been complied with;
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 building plans have been submitted for building permits.
b) Any improvements that were required to be installed by the applicant prior to
construction of the project have been installed;
RESPONSE: No public improvements were required of this project until the issuance of
building permits.
c) The project has been diligently pursued in all reasonable respects, and the extension
is in the best interests of the community.
RESPONSE: The applicant, along with the City, has been pursuing the Independence
Place redevelopment project for the past three (3) years. It is in the community's interest
for the project planning and feasibility studies to proceed forward at this time.
STAFF RECOMMENDATION: Community Development Staff recommends approval
for a six (6) month extension of the 1993 GMQS lodge unit allocations and the extension
of vested rights for the Bell Mountain Lodge at 720 East Cooper Avenue.
The six (6) month extension shall begin upon the expiration of the current extension
which is February 22, 1997. This extension of the GMQS allocations and vested rights
status for the Bell Mountain Lodge shall expire on August 22, 1997.
Staff also recommends that due to the applicant's participation and continued
involvement in the Independence Place project, the land use application fees be waived
for this extension request.
RECOMMENDED MOTION: "I move to adopt Ordinance''=', Series of 1996, on
second reading which extends the 1993 GMQS lodge unit allocation and vested rights
status for the Bell Mountain Lodge at 720 East Cooper Avenue from February 22, 1997 to
August 22, 1997."
CITY MANAGER'S COMMENTS:
EXHffiITS:
A) Application for Extension of GMQS allocation and vested rights
B) Ordinance 15 (Series of 1995)
C) Ordinance I b (Series of 1996)
Exhibit A
1'~ Sewk~
/
tr_ 3613 A4fuM. (1.tHtf.u. K1612
fD'-e/?u (970) 920-1125
March 20, 1996
Mr. Stan Clauson, Co=unity Developrnent Director
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
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 Applicant"), requesting an extension of their lodge GMQS allocation and
the associated vested rights. 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 the extension of an allotrnent, 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,
Ser!cs 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 applicant has since been granted two (2) 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.
Request
The applicant hereby requests an additional six (6) month extension of the GMQS allocation
and vested rights, which would extend the allocation and the vested rights to August 22,
1997. Our reasons for submitting this request follow below.
Mr. Stan Clauson
March 20, 1996
Page Two
Almost i=ediately after the Bell Mountain Limited Liability Company purchased this
property in 1993, the owners 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 owners
remain interested in achieving a project that can be of benefit to the co=unity and that
is economically viable. However, because they have focused their attention on the
partnership during the last three (3) years, they have not gone forward with the development
of their approved project, placing their investment in the property at some risk.
Since the lodge allotments are scheduled to expire in February, 1997, at a time of year when
construction start-up is not feasible, the owners would need to be prepared to initiate
demolition and re-development during the summer or fall of 1996. This means they would
need to start preparing working drawings and to obtain financing for development of their
lodge project within the next few months.
However, the owners have continued to express their willingness to work with the City on
the public/private partnership and do not wish for the lodge development timetable to
interfere with the City's opportunity to fully explore the potential ways to realize this
partnership, including taking this rnatter forward to the electorate during the coming rnonths.
The approval of this extension will provide all of us the time we need to continue the
exploration that is now underway within the Community Development Department.
We would also request that the City either waive the fee for this application, or if the City
feels some fee must be paid, that the fee be limited to the "Community Development
Department Flat Fee" rate of $235. We feel that this extension is necessitated only because
of our willingness to cooperate with the City to achieve a public purpose and that we should
not be charged for processing this relatively simple matter at the Planning Office's rate of
$175 per hour.
You should be able to find in your files a letter from Jim Valerio that confirms that I am
authorized to submit this application on behalf of the Bell Mountain Limited Liability
Company. Please call me if there is anything else that you require.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
ft-z ~ L.J
Alan Richman, AICP
..~._""-~_."'.."-'._".'..~._~~'........_~-
(
Exhibit B
ORDINANCE 15
(SERIES OF 1995)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTE
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
_ _,..._,,_. ,,_'. .'_h_..~__._.._
-_.~._., --.
(
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
The ig~ gra ted by the site specific development plan
::::oted br:::~ ::~i:::~~ shall remain vested for a total of
four y rs F ary 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
'-"~'_"."-"<"".__'--C,,__,_.~
~.'".
(
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
,.'__.i._.,J,'
.. .~". .~. "_~~,,-.~,,,.;.,c,
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.
ATTEST:
John Bennett, Mayor
Kathryn S. Koch, City Clerk
4
Exhibit C
ORDINANCE l0
(SERIES OF 1996)
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, AND EXTENDED BY ORDINANCE NO. 15, SERIES OF 1995 FOR THE BELLL
MOUNTAIN LODGE REDEVELOPMENT, 720 EAST 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 (6) months for developments other than detached residential
and duplex units; and
WHEREAS, on February 22, 1993, City Council adopted Ordinance No.3, Series of 1993, which
approved a GMQS allocation for the redevelopment of the Bell Mountain Lodge at 720 East 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 two (2) prior six-month extensions which extended the GMQS
allocation and vested rights to February 22, 1997; 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 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, on July 12, 1993, 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 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 COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1:
Pursuant to Section 26.100.100 of the 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 No. 51, Series of 1994, and Ordinance No. 15, Series of 1995, for the Bell Mountain
Lodge at 720 East Cooper Avenue beginning February 22, 1997 and ending August 22, 1997.
Section 2:
Pursuant to Section 26.52.080 of the Municipal code, 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
East Cooper Avenue as approved by Ordinance 37, Series of 1993, to August 22, 1997, with the following
conditions:
1. The extension of vested rights shall befor six (6) months from February 22, 1997 to August 22, 1997.
2. The rights granted by the site specific development plan approved by this Ordinance shall remain
vested for a total of four-and-one-half (4-1/2) years from February 22, 1993, which was
retroactively approved by Ordinance No. 37, Series of 1993, adopted on 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.
3. The approval granted hereby shall be subject to all rights ofreferendum 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.
2
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.
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 shaIl 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
3
"~--"",-,~_"""""-,,,.__,,,'.~_..f ___,""_,"""'__._,,~_~_'_~-<_<.'~,,'_"_,__
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5090 FAX (970) 920-5439
MEMORANDUM
TO:
City Attorney
FROM:
Bob Nevins, Planner
RE:
Bell Mountain Lodge Extension of GMQS Allocation & Vested Rights
Parcel ID No. 2737-182-27-003
DATE:
April 14, 1996
Attached for your review and comments is an application submitted by Bell Mountain Limited
Liability Company.
Please return your comments to me no later than April 16, 1996.
Thank you.
M t1J&
~/?~
4 It "/96
_ '.c'
ASPEN/PITKIN PLANNING OFJ!1CE
130 S. Galena Street
Aspen, Colorado 81611
(970) 920-5090 FAX# (970) 920-5439
April 14, 1996
Re: Bell Mountain Lodge Extension of GMQS Allocation & Vested Rights
Case A28-96
Dear Alan,
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 before the Aspen City Council on Monday, April 22, 1996 at a
meeting to begin at 5:00 p.m. Should this date 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 the planner assigned to your case, Bob Nevins, at 920-5102.
Sincerely,
t10 JLO~
Rhonda Harris
Administrative Assistant
Af4M. ie~
~~
'P~ Sewieu
Z'" 3613 ",,~, ~ B'1612
P'-eI9tU (970) 920-1125
March 20, 1996
Mr. Stan Clauson, Comrnunity Development Director
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
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 Applicant"), requesting an extension of their lodge GMQS allocation and
the associated vested rights. The request is submitted pursuant to Section 24-8-108 of the
Aspen Municipal Code, "Expiration of Development Order". This section states that
developrnent allotments awarded to a project shall expire on the day after the third
anniversary of final developrnent 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 aiiocation and vested rights were to
expire three (3) years from the date they were granted, that being February 22, 1996.
The applicant has since been granted two (2) 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.
Request
The applicant hereby requests an additional six (6) month extension of the GMQS allocation
and vested rights, which would extend the allocation and the vested rights to August 22,
1997. Our reasons for submitting this request follow below.
Exhibit A
~.' ,>
,
Mr, Stan Clauson
March 20, 1996
Page Two
Almost immediately after the Bell Mountain Limited Liability Company purchased this
property in 1993, the owners 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 owners
remain interested in achieving a project that can be of benefit to the community and that
is economically viable. However, because they have focused their attention on the
partnership during the last three (3) years, they have not gone forward with the development
of their approved project, placing their investment in the property at some risk.
Since the lodge allotments are scheduled to expire in February, 1997, at a time of year when
construction start-up is not feasible, the owners would need to be prepared to initiate
demolition and re-developrnent during the summer or fall of 1996. This means they would
need to start preparing working drawings and to obtain financing for development of their
lodge project within the next few months.
However, the owners have continued to express their willingness to work with the City on
the public/private partnership and do not wish for the lodge development tirnetable to
interfere with the City's opportunity to fully explore the potential ways to realize this
partnership, induding taking this matter forward to the electorate during the coming rnonths.
The approval of this extension will provide all of us the time we need to continue the
exploration that is now underway within the Community Developrnent Department.
We would also request that the City either waive the fee for this application, or if the City
feels sorne fee must be paid, that the fee be lirnited to the "Community Developrnent
Department Flat Fee" rate of $235. We feel that this extension is necessitated only because
of our willingness to cooperate with the City to achieve a public purpose and that we should
not be charged for processing this relatively simple rnatter at the Planning Office's rate of
$175 per hour.
You should be able to find in your files a letter from Jim Valerio that confirrns that I am
authorized to submit this application on behalf of the Bell Mountain Limited Liability
Cornpany. Please call me if there is anything else that you require.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
A--z~ LJ
Alan Richrnan, AICP
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