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Home My WebLink Aboutcoa.lu.sp.Aspen Institute.A02103 Ii CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY ri A021-03 2735-121-29008 The Aspen Institute Extension of Vested Rights for Aspen, 1000 N. Third James Lindt Vested Rights Extension The Aspen Institute, Inc. Edward M. Caswall 5/27/03 Reso.47-2003 Approved 7/3/03 J. Lindt ,-, 'L1 r'\ Z3> PhilOvereynder. 04:24 PM 06/261200:3 ,Meadows Water Mamtenance Issue Page 1 of 1 H Date: Thu, 26 Jun 2003 16:24:48 -0600 (MDT) X-Sender: philo@water X-Mailer: Windows Eudora Pro Version 2.1.2 To: James Lindt <jamesl@ci.aspen.co.us> From: Phil Overeynder <philo@water.ci.aspen.co.us> Subject: Meadows Water M~intenance Issue Cc: cfc@alpersteincovell.com,johnw@ci.aspen.co.us r"'1 James, I received a proposal from the Institute that is acceptable to the City and left a voice mail to Amy Margereum to that effect. It has been resolved verbally, however I promised a written document summarizing the deatils of the agreement so that there won't be a later misunderstanding regarding costs and responsibilities of the respective parties. Cindy Covell (our water attorney) is working on this letter. See my related e-mail on th() status of the letter. Call if you have questions. Phil At 02:29 PM 6/26/2003 -0600, you wrote: >HiPhil, >1 was wondering if the water maintenance issue with the Aspen Institute and , >the Meadows has gone away? It has been a month since they received >approval for an extension on vested rights and they had a month to figure >the water maintenance issue out. > > Thanks, >James > > > Printed for James Lindt <jamesl@ci.aspen.co.us> 07/03/2003 r-'; o 'f A-f'fmU~ 6.-0 , RESOLutION NO. 47 (SERIES OF 2003) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A FIVE YEAR EXTENSION OF THE VESTED"RIGHTS GRANTED BY ORDINANCE NO. 14, SERIES OF 1991, AND EXTENDED BY ORDINANCE NO. 31, SERIES OF 1994, ORDINANCE NO. 28, SERIES OF 1997, AND BY RESOLUTION NO. 65, SERIES OF 2000 FOR THE DEVELOPMENT APPROVALS ON LOT lA OF THE ASPEN MEADOWS SPECIALLY PLANNED AREA, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-121-29-008 WHEREAS, the Community Development Department received an application from The Aspen Institute (Applicant), represented by Edward M. Caswall, for a five (5) year extension of vested rights for Building No.3 (to consist of twelve (12) lodge units) on Lot lA of the Aspen Meadows Specially Planned Area; and, WHEREAS, the subject property is located in the Academic and Specially Planned Area Overlay Zone Districts; and, WHEREAS, City Council adopted Ordinance No. 14, Series of 1991, which approved the Aspen Meadows Specially Planned Area Final Development Plan; and, WHEREAS, City Council adopted Ordinance No. 31,' Series of 1994, which approved a three year (3) extension to June 21, 1997; and, WHEREAS, City Council adopted Ordinance No. 28, Series of 1997, which approved a three (3) year extension to June 21, 2000; and, WHEREAS, City Council adopted Resolution No. 65, Series of 2000, which approved a three (3) year extension to May 22, 2003; and, WHEREAS, pursuant to Section 26.308.01O(C), Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of a five (5) year extension of vested rights for Building No.3 (to consist of twelve (12) lodge units) on Lot 1A finding that the review criteria have been met and that the addition offuture lodging is an important community goal; and, WHEREAS, the Community Development Staff finds that any housing mitigation fees that may be outstanding with respect to the Aspen Meadows Specially Planned Area are not owed by or the responsibility of the Aspen Institute; and, ~, ~, WHEREAS, the Aspen City Council has reviewed and considered the extension of vested rights for Lot IA under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: The Aspen City Council does hereby approve a five (5) year extension of the vested rights granted by Ordinaitce No. 14, Series of 1991, and extended by Ordinance No. 28, Series of 1997, Ordinance No. 31, Series of 1994, and Resolution No. 65, Series of 2000 for Building No.3 (to consist of twelve (12) lodge units) on Lot lA of the Aspen Meadows Specially Planned Area to allow for the construction of Building No.3, with the following conditions: 1. All prior City of Aspen approvals shall remain in full force and effect for the Aspen Meadows SPA. 2. The newly established expiration date of vested rights of shall be May 28, 2008. 3. Any failure to abide by the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. 4. The establishment herein of a vested property right shall not preclude the applications or regulations which are general in nature imd 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. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption there from is granted in writing. 5. The Applicant shall resolve the water maintenance cost issue related to Condition No.12 in Section 2 of Ordinance No. 14, Series of 1991 with the City of Aspen Water Department within thirty (30) days of this approval. lfthe water maintenance cost issue is not resolved to the satisfaction ofthe City of Aspen Water Department Director within thirty (30) days ofthis approval, the extension of vested rights shall be considered null and void; and the Applicant shall have the opportunity to return to City Council to reconsider the extension of vested rights request. ('""\ r'l WHEREAS, the Aspen, City Council has reViewed and considered the extension of vested rights for Lot lA under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval ,of the extension of vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: The Aspen City Council does hereby approve a five (5) year extension of the vested rights granted by Ordinance No. 14, Series of 1991, and extended by Ordinance No. 28, Series,of 1997, Ordinance No. 31, Series of 1994, and Resolution No. 65, Series of 2000 for Building No.3 (to consist of twelve (12) lodge units) on Lot IA of the Aspen Meadows Specially Planned Area to allow for the construction of Building No.3, with the following conditions: 1. All prior City of Aspen approvals shall remain in full force and effect for the Aspen Meadows SPA. 2. The newly established expiration date of vested rights of shall be May 28, 2008. 3. Any failure to abide by the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. 4. The establishment herein of a vested property right shall not preclude the applications or regulations which are general in nature and are applicable to all property subj ect to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption there from is granted in writing. 5. The Applicant shall resolve the water maintenance cost issue related to Condition No.12 in Section 2 of Ordinance No. 14, Series of 1991 with the City of Aspen Water Department within thirty (30) days of this approval. If the water maintenance cost issue is not resolved to the satisfaction of the City of Aspen Water Department Director within thirty (30) days of this approval, the extension of vested rights shall be considered null and void; and the Applicant shall have the opportunity to return to City Council to reconsider the extension of vested rights request. r'1 () , ~ Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity . Section 3: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A duly noticed public hearing on this Resolution was held on the 27th day of May, 2003, at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed and approved this 27th day of May, 2003. Approved as to form: Approved as to content: John Worcester, City Attorney Helen Kalin KIanderud, Mayor Attest: Kathryn S. Koch, City Clerk l. CaswalIPC@aol.com, 12:35 I'M 05/16/2003, Re: Aspen Meadows SPA vested rights ext... Page I of 1 f""'l 01 From: CaswallPC@aol.com Date: Fri, 16 May 2003 12:35:36 EDT Subject: Re: Aspen Meadows SPA vested rights extension To: jamesl@ci.aspen.co.us CC: sarah.glendon@aspeninst.org, amym@aspeninst.org X-Mailer: 8.0 for Windows sub 6011 James-- Thank you for your email and the notification that it has been determined that the Institute cannot be held accountable for the housing mitigation fee that you have indicated is still outstanding for the three town homes. As far as the draft resolution approving the extension of the vested rights is concerned, I would like to ask that a finding be added in either the resolution recitals or in the substantive sections that the Institute does not owe and is not responsible for the mitigation fee noted above. e.g., "WHEREAS, the City Council finds that any housing mitigation fees that may be outstanding with respect to the Aspen Meadows Specially Planned Area are not owed by or the responsibility ofThe Aspen Institute; and" My thought is that we don't want to have to address this issue again in the future, and if the recital is contained in the resolution, than we will have established what the record is on this fee issue. Amy Margerum will be appearing at the hearing on behalf of the Institute. I appreciate your assistance in the handling of the Institute's application. Let me know if I can be of any further help in finishing this matter up, Jed Caswall Printed for James Lindt <jamesl@ci.aspen.co.us> 05/16/2003 ~,) MEMORANDUM Mayor and City Council Julie Ann Woods, Co~ity Development Director~ James Lindt, Planner ~ L I Lot lA, Aspen Meadows SPA Extension of Vested Rights- Public Hearing f", To: THRU: FROM: RE: DATE: May 27, 2003 ApPLICANT: The Aspen Institute, Inc. REPRESENTATIVE: Edward Caswall PARCELID: 2735-121-29-008 ADDRESS: Lot lA, Aspen Meadows SPA ApPROVED LAND USE: Approved Building No.3 in the Meadows SPA to contain twelve (12) lodging units PREVIOUS EXTENSIONS: Ordinance No. 31, Series of 1994 Ordinance No. 28, Series of 1997 Resolution No. 65, Series of2000- Expires May 22, 2003 ZONING: Academic Specially Planned Area Overlay REVIEW PROCEDURE: EXTENSION OF VESTED RIGHTS. City Council may by resolution at a public hearing approve an extension of vested rights. SUMMARY: The Aspen Institute (Applicant) is requesting a five (5) year extension of its vested rights. Ordinance No. 14, Series of 1991, which approved extensive renovations and additions to its campus at the Meadows. Vested rights were extended for the undeveloped lodge building in 1994, 1997, and again in 2000. ~ The photo above shows the approved location for the undeveloped lodge building (please see vicinity map attached as Exhibit D). If built, the lodge would be situated in the grassy areas around the trees. The Health Center is located in the background. STAFF COMMENTS: The Applicant, The Aspen Institute, Inc, represented by Edward Caswall, requests an extension of the vested property rights on Lot lA of the Aspen Meadows SPA. Initially, City Council granted approval for the Aspen Meadows Specially Planned Area in 1991 pursuant to Ordinance No. 14, Series of 1991. The majority of the development that was approved in the SPA plan has been co~structed. However, one building of twelve (12) lodging units out of the total of fifty (50) units that were approved as part of the SPA on Lot 1 A has yet to be built. r--, n The vested property rights on Lot lA have been extended three (3) times pursuant to Ordinance No. 31, Series of 1994; Ordinance No. 28, Series of 1997; and City Council Resolution No. 65, Series of 2000. The extension of vested rights that was granted in 2000 expired on May 22, 2003. However, the Applicant submitted an application for the extension prior to the expiration deadline and thus is able to request the extension. The Applicant has indicated that they are requesting the proposed extension of vested rights because their ability to construct Building No.3 is dependent on fund raising, monetary gifts, and donations, of which they have not received enough to construct the lodge units at this time. Staff believes that the Applicant has made progress towards the development of the project as a whole in that Building No.3 is the only portion of the approved development within the SPA that has not been completed. Moreover, Staff feels that the lodge units that were approved in Building No.3 still further the Aspen Area Community Plan's goals related to replenishing the City's lodging bed base. In addition, to the best of staffs knowledge, the Applicant has fulfilled all of the responsibilities that were required of them in the Aspen Meadow's approval documents. Therefore, staff believes that the proposed extension meets all of the review standards to approve an extension of vested property rights. STAFF RECOMMENDATION: Staff recommends approval of the extension of vested property rights for five (5) years to establish an expiration date of May 28, 2008 for Building No.3 on Lot lA of the Aspen Meadows SPA, with the conditions set forth in the proposed resolution. RECOMMENDED MOTION: "I move to approve Resolution No.41-, Series of2003, approving with a condition, a five (5) year extension of vested property rights for Lot lA of the Aspen Meadows SPA as was originally approved by Ordinance No. 14, Series of 1991; and extended by Ordinance No. 28, Series of 1997 and Resolution No. 65, Series of 2000. The new expiration date will be May 28, 2008." CITY~ANAGER'S COM.lY!;ENTS:~ ..t- /",-12e. W'. fC' S' ~. r-ee~~.JZ~. ATTACHMENTS: Exhibit A -- Review Criteria & Staff Findings Exhibit B -- Ordinance No. 14, Series of 1991 Approving the Meadows SPA Ordinance No. 31, Series of 1994 Approving Vested Rights Extension Ordinance No. 28, Series of 1997 Approving Vested Rights Extension Resolution No. 65, Series of2000 Approving Vested Rights Extension Exhibit C -- Application Letter Exhibit D -- Vicinity Map 2 r'\ ft RESOLUTION NO. <f1 (SERIES OF 2003) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A FIVE YEAR EXTENSION OF THE VESTED RI, GHTS GRANTED BY ORDINANC, EN, 0, '" 14, .... .... ,.".....d..C....................._.,......,...,'...,......... ..... .... SERIES OF 1991, AND EXTENDED BY ORDINANCE NO. 31, SERIES OF 1994, , ORDINANCE NO. 28, SERIES OF 1997, AND BY RESOLUTION NO. 65, SERIES OF 2000 FOR THE DEVELOPMENT APPROVALS ON LOT lA OF THE ASPEN MEADOWS SPECIALLY PLANNED AREA, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-121-29-008 WHEREAS, the Community Development Department received an application from The Aspen Institute (Applicant), represented by Edward M. Caswall, for a five (5) year extension of vested rights for Building No.3 (to consist of twelve (12) lodge units) on Lot lA of the Aspen Meadows Specially Planned Area; and, WHEREAS, the subject property is located in the Academic and Specially Planned Area Overlay Zone Districts; and, WHEREAS, City Council adopted Ordinance No. 14, Series of 1991, which approved the Aspen Meadows Specially Planned Area Final Development Plan; and, WHEREAS, City Council adopted Ordinance No. 31, Series of 1994, which approved a three year (3) extension to June 21,1997; and, WHEREAS, City Council adopted Ordinance No. 28, Series of 1997, which approved a three (3) year extension to June 21, 2000; and, WHEREAS, City Council adopted Resolution No. 65, Series of 2000, which approved a three (3) year extension to May 22, 2003; and, WHEREAS, pursuant to Section Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of a five (5) year extension of vested rights for Building No.3 (to consist of twelve (12) lodge units) on Lot lA finding that the review criteria have been met and that the addition of future lodging is an important community goal; and, WHEREAS, the Aspen City Council has reviewed and considered the extension of vested rights for Lot lA under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, 1"""\ ~ , :/ WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of vested rights proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: The Aspen City Council does hereby approve a five (5) year extension of the vested rights granted by Ordinance No. 14, Series of 1991, and extended by Ordinance No. 28, Series of 1997, Ordinance No. 31, Series of 1994, and Resolution No. 65, Series of 2000 for Building No.3 (to consist of twelve (12) lodge units) on Lot lA of the Aspen Meadows Specially Planned Area to allow for the construction of Building No.3, with the following conditions: 1. All prior City of Aspen approvals shall remain in full force and effect for the Aspen Meadows SPA. 2. The newly established expiration date of vested rights of shall be May 28, 2008. 3. Any failure to abide by the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. 4. The establishment herein of a vested property right shall not preclude the applications 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. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption there from is granted in writing. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. ~ , f) Section 3: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: A duly noticed public hearing on this Resolution was held on the 27th day of May, 2003, at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed and approved this 27th day of May, 2003. Approved as to form: Approved as to content: John Worcester, City Attorney Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk f"""'>" r) , EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS SECTION 26.308.010 VESTED PROPERTY RIGHTS Extension or Reinstatement of Vested Ri~hts In reviewing a request for the extension or reinstatement of a development order and associated vested rights, the City Council shall consider, but not be limited to, the following criteria: a. The applicant's compliance with any conditions reqUlrmg performance prior to the date of application for extension or reinstatement; STAFF FINDING: The conditions of approval for the development have been complied with. The PUD Plat and Agreement were filed with the Clerk and Recorder's Office in the early 1990's. In addition, the majority of the approved development has been constructed with the exception of Building No.3 on Lot lA. Therefore, Staff does not believe that there are any outstanding conditions of approval that have to be met pilor to applying for an extension of vested rights. Staff finds this criterion to be met. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project; STAFF FINDING: The Applicant contends that the current downturn in the local economy is preventing the development of the approved project. The Applicant has represented that they rely on donations and gifts to complete the construction and they have not been able to receive enough funding over the past couple of years to complete Building No.3. Staff believes that the Applicant has intentions of pursuing the project due to the fact that they have completed the other thirty-eight (38) lodging units that were approved in the Aspen Meadows SPA and that they are going through the trouble of extending the vested property rights. Staff finds this criterion to be met. c. The nature and extent of any benefits already received by the City as a result of project approval such as impact fees or land dedications; STAFF FINDING: The City has already reaped the benefits of the other thirty-eight (38) lodging units that have been constructed within the PUD. In addition, Lot 4 of the SPA has already been conveyed to the City of Aspen and rezoned to the Wildlife Preservation Zone District to prevent future development on it. Staff finds this criterion to be met. 3 f"'\ f"'\ , 0 d. The needs of the City and the applicant that would be served by approval ofthe extension or reinstatement request. STAFF FINDING: The Aspen Area Community Plan (AACP) encourages the replenishment of the lodging bed base within the City that has declined significantly over the past decade and a half Staff believes that the proposed extension of vested rights would benefit the City by encouraging the Applicant to pursue the remainder of the approved development in the future that furthers the replenishment of a portion of the City's lodging bed base as is consistent with the AACP. Staff finds this criterion to be met 4 37/+793 8...7&;2 SIt_VIA DAVIS ^ P-81L 09/30/94 10r19A PG PITKIN COUNTY CLERK & n 1 0,. ";28 RECORDER Exht~;+ \\e/ REC DOC 1 Lf0. 0.) I\ll ORDINANCE NO. 14 (Series 1991) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING FINAL APPROVAL OF THE ASPEN MEADOWS SPECIALLY PLANNED AREA (SPA) FINAL DEVELOPMENT PLAN, SUBDIVISION APPROVAL, REZONING AND ZONING MAP AMENDMENTS, RESIDENTIAL GROWTH MANAGEMENT ALLOT- MENT, EXCESS GROWTH MANAGEMENT ALLOTMENT, GROWTH MANAGEMENT EXEMPTION FOR ESSENTfALPUBLIC FACILITIES, CONDOMINIUMIZATION, AND VESTING OF DEVELOPMENT RIGHTS. WHEREAS, that real property commonly known and referred to as the "Aspen Meadows" has previously been designated a specially planned area (SPA) on the City of Aspen Official Zone District Map; and WHEREAS, a master plan for the Aspen Meadows was adopted as a component of the Aspen Area Comprehensive Plan in September, 1990; and WHEREAS, the City has received a comprehensive development plan for the Aspen Meadows known as the Aspen Meadows Final Specially Planned Area (SPA) Development Plan Submission (hereinafter the "Plan"); and WHEREAS, on December 20, 1990, after review and approval and upon recommendation of the Planning Department and the Aspen Planning and Zoning Commission, the Plan received conceptual approval, subject to conditions, by the City Council pursuant to the procedure set forth at Section 24-6-205(A) (8) (b) of the Municipal Code; and '\ WHEREAS, Savanah ~~mited Partnership, in conjunction with the Aspen Institute for Humanistic Studies (the "Institute"), the Music Associates of Aspen ("MAA") , and the Aspen Center for -- 374.793 B-76;:~ 1='-8'-' 12'9/30/94 10:19A PG 2 n:8 Physics ("Physics"),'hereinafter jointly known as the "Developer", submitted an application for a residential Growth Management Quota System allotment as a component of the Plan on February 15, 1991; and WHEREAS, on March 4, 1991, the Developer submitted to the Planning Department a proposed final SPA development plan for the Aspen Meadows incorporating requests for subdivision approval, text amendments to the municipal land use code, requests for rezoning and zoning map amendments, growth management exemption for essential public facilities, conditional use approvals for , , attached affordable housing units, and special review approval for parking in an academic (A) zone district; and WHEREAS, the Developer's proposed final SPA development plan has been subjected to review and comments by the Engineering, Water, Parks, and Environmental Health Departments for the city of Aspen, as well as review and comments by the Fire Marshal, Sanitation District and Aspen/Pitkin County Housing Authority; and WHEREAS, the Aspen Planning and Zoning Commission has reviewed the Developer'S development plan in accordance with those procedures set forth at Section 24-6-205(A) (8) (c) of the Municipal Code and did conduct public hearings thereon on April 2, 9 and 16, 1991; and WHEREAS, upon review and consideration of the Plan, agency and public comment thereon, the review undertaken and comments of 2 ~ n \. .~, 374793 B-762 P-813 09 94 10:19A PG w OF 28 the Plan as provided by the Historic Preservation Committee relevant to design, and those applicable standards as contained in Chapter 24 of the Municipal Code, to wit, Division 8 of Article 7 (Specially Planned Area), Division 10 of Article 7 , (Subdivision), Divisions 2,3 and 4 of Article 7 (Permitted, Conditional and Special Review Uses, respectively), Division 11 of Article 7 (Text Amendments and Zoning Map Amendments), and Article 8 (Growth Management Quota System), the Planning and Zoning Commission has recommended final approval of the Plan, subject to conditions, to the city Council; and WHEREAS, pursuant to the Growth Management Quota system the Planning and Zoning Commission evaluated and scored the residen- tial component of the Plan, consisting of fourteen (14) units, at 33.85 points, thus, meeting minimum development approval threshold and, additionally, awarded the Plan 1.93 bonus points as allowed under Section 24-8-106(E) (6) of the Municipal Code, thus, giving the Plan a total GMQS score of 35.78 points; and WHEREAS, the Planning and zoning Commission further granted conditional use approvals for four affordable housing units associated with the residential component of the Plan and special review approval for parking in an academic (A) zone district; and WHEREAS, on April 16, 1991, the Planning and Zoning Commis- sion, after public hearing, incorporated its approvals, condi- tional approvals, and recommendations into Resolution No. 91-10 3 374.793 ^' B-762 P.'.bJ.4. ri:jS>/3er/9L, 10,1 ~ ,1 uF and forwarded same to city council in accordance with Section 24- 6-205(A) (8) (c) of the Municipal Code; and WHEREAS, the City Council finds that the public interest would not be served by affording phased GMQS development allot- ments under the Plan and that an excess GMQS development allot- ment as permitted by section 24-8-103 (B) of the Municipal Code is desirable and warranted; and WHEREAS, the city council has reviewed and considered the Plan under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered those recommenda- tions and approvals as granted by the Planning and Zoning Com- mission and the Historic Preservation Committee, and has taken and considered public comment at public hearing; and WHEREAS, the City Council finds that the Plan meets or exceeds all applicable development standards and that approval of the Plan, with conditions, is consistent with the goals and elements of the Aspen Area Comprehensive Plan and the Aspen Meadows Master Plan; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1 Pursuant to section 24-7-804B of the Municipal Code, and subject to those conditions of approval as specified hereinafter, 4 I"'"", ~ r\ , 37L,793 B-762 P-815 09/30/94 10'19A PG 5 OF ;28 the City Council finds as follows in regard to the Plan's spe- cially planned area development component: l. The Developer's final plan sUbmission is complete and sufficient to afford review and evaluation for approv- al. 2. The Plan is compatible and enhances the mix of devel- opment in the immediate vicinity of the Aspen Meadows and the proposed land uses as approved hereinbelow are deemed to be appropriate and allowable in their under- lying zone districts as authorized by an SPA overlay. 3. The Plan incorporates and provides sufficient public facilities and roads for the requested development, and provides significant open space, ,trails and pUblic amenities for the residents and users of the develop- ment. 4. The Aspen Meadows is generally suitable for the requested development in terms of topography and the Plan creatively employs land planning techniques to preserve view planes and avoid adverse environmental impacts. 5. The Plan will not require the expenditure of excessive pUblic funds in order to provide public facilities for the development or its surrounding neighborhoods. 6. The Plan is' consistent with the Aspen Area Comprehen- sive Plan and the Aspen Meadows Master Plan. 7. The Plan demonstrates good and sufficient cause to remove the SPA designation for that portion of the Aspen Meadows property that is to be conveyed to the City and to adjust the current SPA boundary accord- ingly. Section 2 Pursuant to the findings as set forth in Section labove, the City Council grants final SPA development plan approval for the Plan subject to the following conditions: l. A detailed construction timeline incorporating a specific copstruction schedule for the installation of 5 1"; 37L>793 I""'i 8-7&2 P-816 09/30/94 ~0119A PG & f""""l, I OF ;:;:8 the new Meadows Road shall be submitted to and approved by the Planning and Public Works Departments prior to staff approval of the final plat. Upon completion of the new Meadows Road, all construction traffic associ- ated with the development shall use and be rerouted to the new Meadows Road. 2. The applicant shall provide 97 parking spaces at the West Meadows facilities pending construction of the West Meadows parking structure. 3. The Developer shall conduct a review and provide a written report of the development's traffic mitigation plan to the Planning Director on the anniversary date of the final passage of this Ordinance in years 1992, 1994, 1996, 1998 and 2000, and shall continue to con- duct and provide such rev~ews and reports every two (2) years thereafter unless deemed unnecessary by the City Council. Such report shall include, but not be limited to, traffic counts on Seventh Street, number of van trips pursuant to the development's traffic mitigation plan, charter vehicle use, passenger counts and desti- nations arising from the use of the Aspen Meadows facilities. The review and report shall also incorpo- rate data and information from the Roaring Fork Transit Authority (RFTA) illustrating its service to the Aspen Meadows facilities. The City will review the report and may require modification to the development's traffic mitigation program, including the addition of reasonable new mitigation measures. All modifications of the traffic mitigation plan shall be approved by the Planning and Zoning Commission at a public hearing. ; ',! .1 4. The shuttle van system as incorporated into the devel- opment's traffic mitigation plan shall be operated by that company or entity operating the lodge facility. 5. Delivery vehicles and delivery routes serving the restaurant facilities shall be limited to those hours of delivery and routes as delineated in the develop- ment's traffic mitigation plan, except when severe weather or circumstances beyond the control of the lodge/restaurant operator require a deviation there- from. The restaurant/lodge operator shall insure and enforce the delivery hours and routes by contractual obligation with its goods and services providers. 6. The thirteen foot (13') service access/emergency loop drive serving the chalets shall be constructed with an 6 374793 (""') r\ B-762 P-817 09/30/94 10,198 PG 7 OF .'08 all weather surface adequate to support fire-fighting apparatus. Such access/emergency loop drive(s) shall be plowed, cleared and maintained to 13' widths at all times of the year and particularly during the winter months. 7. All buildings to be served and accessed from the 13' access/emergency loop drive shall have interior sprin- kling fire protection/suppression systems as approved by the Fire Marshal and such system(s) must be approved prior to the issuance of a building permit. a. Specific fire hydrant locations for the development shall be established and approved in cooperation with the Fire Marshal prior to the issuance of a bUilding permit. 9. A detailed tree removal and replacement plan shall be submitted to and approved by the city Parks Department prior to staff approval of the final plat. Such plan shall indicate all trees to be moved or removed, their size, location, species, and time of planting, trans- planting, or removal. All tree replacement shall be on a one-to-one caliper inch basis with.minimum size at 1 1/2" caliper. 10. The final plat shall depict all trails dedicated or conveyed to public use and all easements linking off- site trails to the development's trail system. The final plat shall particularly note (1) an easement for a trail link from the racetrack, and (2) the trail between the tennis townhouses and restaurant as depict- ed on the Master Plan. Exact trail locations must be approved by the Planning Director giving priority to those alignments which minimize dama~e or disruption to existing vegetation and landscape and which subordinate grade considerations and, thus, minimize switchbacks, to the preservation of existing topography. As-built easements shall be executed and conveyed after trail construction. 11. There shall be no interconnection of non-treated water systems to potable water systems. , 12. Pursuant to Section 23-S3(g) of the Municipal Code, the Developer shall convey all rights, titles, easements and interests to the Si Johnson Ditch and water right, water wells and appurtenant water rights on the Aspen Meadows property to the city. The City shall, in 7 37Lj.793 B-7&2 1"""'<, G n P-8~ 09/30/9', 1.0::19A P- " t"""'\ IJ. ..~8 exchange, lease back to Developer, or its successor(s) in interest, raw water from those sources for irriga- tion use within the development in an amount equal to that amount of water reasonably necessary for the efficient irrigation of the lands historically irrigat- ed, not to exceed the amount of water conveyed to the City by the Developer. Developer shall pay to the City its pro rata share of operation, maintenance and repair costs, plus One Hundred Dollars ($100.00) per year. The lease as noted above shall not subordinate the use of the water right to the emergency needs of the city for minimum stream flows, hydroelectric power, or municipal purposes. 13. The Developer shall install at its own cost a water distribution system for the development meeting no less than the minimum design, engineering, materials and construction standards of the City for domestic munici- pal and fire protection purposes and shall convey same to the City upon completion, inspection and acceptance by the City. Developer shall also convey to the City a perpetual twenty foot (20') as-built easement extending ten feet (10') from each side of the centerline of all newly constructed water lines, and a construction easement extending an additional five feet (5') on each side of the centerline, along with a similar twenty foot (20') easement and construction easement for the future installation of a connector main to the existing city water main in Black Birch Drive. 14. Drainage design for the development shall not inten- tionally direct run-off into irrigation ditches or ponds. 15. All residential units shall comply with fireplace regulations as contained in the Municipal Code and enforced by the Environmental Health Department. No building permits shall be issued for residential units absent compliance with fireplace regulations. All disputes concerning the application or interpretation of fireplace regulations to the development shall be subject to review and determination by the Clean Air Board. 16. Prior to the issuance of a building permit for each component of the project, a drainage mitigation plan for that component for run-off during construction activity shall be submitted and approved by the City Engineer so as to insure against or minimize run-off into Castle Creek and the Roaring Fork River. 8 374793 ~, n B-762 P-819 09/30~94 10.19R PG9 OF~ c: 8 17. Prior to the issuance of a building permit for each component of the project, a fugitive dust control plan for that component must be submitted to and approved by the Environmental Health Department and such state agencies as having jurisdiction over same. 18. A fugitive dust plan must be submitted and approved by the Environmental Health Department for the MAA parking lot prior to issuance of a building permit for the MAA rehearsal facility. 19. All energy conservation and efficiency measures as represented by the Developer in its GMQS application regarding insulation, glazing, solar orientation, HVAC, and plumbing fixtures shall be incorporated into all residential units and the design(s) for same must be approved by the City prior to issuance of any building permit for residential construction. These measures shall be further incorporated into deed restrictions and/or covenants for all single family homes and condo- minium declarations. 20. Non-residential construction and facilities shall utilize state-of-the-art energy conservation and effi- ciency measures as represented by the Developer. Accordingly, i'detailed plans submitted for building permits for the lodge structures and the MAA rehearsal hall must be accompanied by the energy information provided to staff in the Appropriate Technologies Associates' letter of May 3, 1991, and the MAA/Rehears- al Hall Energy Conservation Description document sub- mitted to Planning staff on May 20, 1991. The engi- neered thermal envelope calculation will be verified by the Building Department according to the Model Energy Code. 21. The Developer shall pay to the City an affordable housing mitigation impact fee for 16.69 low income employees associated with ten new residential units, seven on Lot 6 and three on Lot 5, in an amount to be calculated pursuant to thOse fee guidelines in effect at the time the fee is to be paid. The fee shall be paid prior to the issuance of a building permit for any residential qonstruction and shall be paid in amounts reflecting and corresponding to the number of residen- tial units sought to be permitted at any given time (1.66 per unit). 9 374793 B-762 r: I. J20 09/,3rLl/94 10: ~ 10 bF' 28 22. Developer shall construct replacement and/or additional fox dens in a manner and at locations to be selected in the field by the City, in consultation with the Direc- tor of the Aspen Center for Environmental Studies, prior to the issuance of any building permits for development under the Plan, or any other demolition or construction within the development area, to wit, the Aspen Meadows. 23. Revegetation of all areas developed pursuant to the Plan shall be implemented in accordance with those guidelines as set forth by Design Workshop in its letter of 3/21/91, which letter is incorporated herein as if fully set forth. All revegetation shall be inspected and monitored by the City to ensure that revegetation efforts and the protection of same are successful. 24. New manicured lawn areas shall be minimized to the maximum extent possible, except in those areas adjacent to the Music Tent, and such areas must be depicted and approved on the final plat. 25. Prior to excayation, temporary construction barricades and or fencing shall be erected within five feet of the building envelopes of the tennis townhomes and trustee townhomes to prevent damage from falling debris ,to the slope bordering same unless unstable soils dictate alternative locations mutually agreed upon by the owner, the Building Department and the Planning Office. Prior to issuance of building permits for individual buildings, the locations of all fencing and barricades shall be submitted to and approved by the Building Department and the Planning Office. All fencing and barricades shall remain in place throughout the con- struction process. 26. Financial assurances in amounts and in forms acceptable to Developer and city shall be provided by Developer to ensure the satisfactory installation and completion of the new Meadows Road, all utility infrastructure, including water lines, the trail along old Meadows Road, and the; ,parking facility. That portion of the above-referenced financial assurances reasonably found by the Public Works Director to be related to the work for which a permit is sought must be in place prior to issuance of that building permit. 10 374793 ~ B-762 P-82. 09/30/9'+ 10: 19A PG 1 r"i ;I OF 28 27. The following language shall be included in the SPA/Subdivision Agreement: "Any SPA or Master Plan amendment or future development applications submitted by any non-profit user of the Meadows property (Lots 1, 2, and 3) shall be applied for jointly by all non- profit property owners. This shall supersede prior requirements requiring SPA submittal approval by all property owners.. Similarly any SPA Amendment proposed to be submitt'edby any residential owner or association thereof shall require, in addition to the consent of the association of owners of the residential component involved, the approval of the resident non-profits of the SPA." 28. Public pedestrian access, exoluding access to build- ings, will continue to be allowed at reasonable hours throughout the entire academic (A), open space (OS), and wildlife preservation (WP) zone district areas of the Aspen Meadows development, subject to reasonable regulations as established by the owners thereof in order to protect their property, as well as the academ- ic privacy and serenity of the campus, its programs and the health and safety of other users and visitors. 29. The MAA parking lot shall be plowed and kept clear of snow during all wintertime performances or functions at MAA facilities.. .' ? 30. Pursuant to Section 24-7-804(0) (4) of the Municipal Code, the final plat, which shall, at a minimum, con- sist of final drawings depicting the site plan, land- scape plan, utility plan and building elevations, and a specially planned area (SPA) agreement, shall be re- corded in the office of the Pitkin County Clerk and Recorder and shall be binding upon the property owners subject to the development plan, their successors and assigns, and shall constitute the development regula- tions for the property. Development of the property shall be limited to the uses, density, configuration, and all other elements and conditions set forth on the final development plan, and in this ordinance and the SPA agreement. Failure on the part of the Developer to record the final development plan, plat, and SPA agree- ment within a period of 180 days following the adoption date of this Ordinance shall render the development plan and plat' in valid. If the 180 days lapse, recon- sideration of the final development plan, plat and SPA agreement by the Planning and Zoning Commission and 11 37/,.793 r"i B-762 P~w_~ 09/30/94 10:19R PG city Council will be required before its acceptance and recording. Section 3 Pursuant to and by reason of the findings and conditions of approval as set forth above in Sections 1 and 2, specially planned area (SPA) designation for the portion of the Aspen Meadows property to be conveyed to the City is hereby removed and the City's Official Zone District Map shall be amended to reflect such removal. Section 4 Pursuant to Seotion 24-7-1004Cof the Municipal Code, and subject to those conditions of approval as specified hereinafter, the City Council finds as follows in regard to the Plan's subdi- vision development component: 1. The proposed subdivision is consistent with both the Aspen Area Comprehensive Plan and Aspen Mead- ows Master Plan and is, furthermore, consistent with the character of existing land uses in the adjoining areas. 2. The proposed subdivision will not adversely affect the future development of surrounding areas and will be in substantial compliance with all re- quirements of Chapter 24 of the Municipal Code. 3. The proposed subdivision is compatible and suit- able with the topography of the area and will not present or create a threat to the health, safety or welfare of the residents or neighbors of the subdivision. 4. The proposed subdivision does not create spatial patterns that cause ineffioienoies, duplication or premature extension of public facilities or unnec- essary public costs. 12 t""'J 11 374793 B-762 P-8;23 09/3QI/94 10:19R PG 13 OF 5. The proposed new Meadows Road has the primary function of providing access to abutting property and will not carry through traffic, thus, warranting its designation as "local street". Section 5 Pursuant to the findings as set forth in Section 4 above, the City Council grants final subdivision approval for the Plan subject to the following conditions: 1. The new Meadows Road shall be dedicated as a pub- lic street from its intersection with Seventh Street and North street to the south boundary of Lot 6. Right-of-way width, grades and intersection design shall be subject to inspection and approval by the City Engineer prior to staff approval of the final plat. 2. Irrevocable legal access to the new Meadows Road must be provided where necessary to all existing and future properties abutting that portion of the old Meadows Road that may be vacated and all ease- ments for such access shall be depicted on the final plat. 3. All property exchanges between the Savanah Limited Partnership, the Institute, the MAA, and Physics shall be effectuated simultaneously with the re- cording of the final plat. 4. All sanitary sewer-improvements as installed in the development area shall be inspected and ap- proved to the satisfaction of the Aspen Sanitation District. 5. Complete and detailed utility plans, i.e., elec- tric, gas, cable T.V., and telephone, shall be provided to and approved by the Planning Director and City Engineer at or prior to submission for recording of the final plat. Additionally, all utilities shall approve utility design and loca- tion prior to staff approval of the subdivision agreement and final plat. 13 r"i n 374793 B-762 P-824 09/30/94 10,19R PG 14 OF 28 6. The final plat shall accurately reflect all under- ground utility installations, particularly those along roadways, trailways and cultivated landscap- ed areas. 7. utility facility installations shall be restricted to roadway, trailway and cultivated landscaped corridors wherever possible. If utility facility installations must occur outside of these areas, such alternate utility corridors shall be fenced or barricaded to the narrowest width possible so as to minimize vegetation disturbance or destruc- tion from construction activities and machinery. All utility location corridors shall be inspected and approved by the City Engineer and Planning Director prior to the issuance of any excavation permit. 8. Vegetation replacement necessitated by utility installation shall utilize the same plant species as the species of vegetation disturbed or damaged. 9. All ditohes, swales, intermediary ponds and detention areas shall be subjeot to appropriate easements for access and maintenance purposes and be depicted on the final plat. 10. The Developer shall provide a digitized copy of the sUbdivision plat prior to recordation of the mylar copies. 11. Tr,ench box construction methods shall be utilized for utility installations whenever possible so as to minimize site disturbance. 12. The Castle Creek sanitary trunkline shall be lined unless deemed otherwise by the Aspen Sanitation District. If sections of the trunkline must be replaced, such replacement locations shall be identified to the City Engineer and Planning De- partment and the least disruptive methods shall be identified and employed. 13. Detailed design drawings for the new Meadows Road and Seventh Street ,and Eighth street intersections shall be provided to and approved by the City Engineer prior to staff approval of the final plat. All design drawings 14 374793 11 B-762 P-825 09/30/94 10,1 r"i , ;/ 15 OF 28 shall be prepared bya professional engineer registered in the state of Colorado. 14. The speed limit for the new Meadows Road shall be reduced to a speed below thirty (30) miles per hour as determined by the City Engineer. 15. The existing old Meadows Road shall be converted to a pedestrian,trial/bikeway with ownership thereto to remain in the City. ' 16. Pursuant to Section 24-7-1005E of the Municipal Code, the final subdivision plat and subdivision agreement shall be recorded in the office of the Pitkin County Clerk and Recorder within 180 days following the adop- tion date of this Ordinance. Failure to record the final plat and subdivision agreement within the 180 day time period shall render the sUbdivision approvals granted herein invalid. If the 180 days lapse, recon- sideration of the subdivision and subdivision agreement by the Planning and Zoning Commission and City Council will be required before acceptance and recording. Section 6 Pursuant to Section 24-8-106 of the Municipal Code, the City Council finds as follows in regard to the Plan's residential Growth Management Quota System allotment component: 1. The Planning and Zoning Commission has forwarded to city Council a residential development total score of 35.78 for the residential component of the Plan, such score exceeding the minimum scoring threshold. 2. The residential development component of the Plan was the only development project submitted to the Planning and Zoning Commission for 1990 residen- tial GMQS allotments. 3. The GMQS residential scoring considered and reflected the waiver of the six-month minimum lease requirement as set forth in the applicable condominiumization regulations. " I, 15 r'\ 374793 B-762 P-8;26 iZ19/3iZi/94. 10: 9R PG 16 28 4. A mUlti-year or phased development allotment would not serve the best interests of the Plan or the general public. 5. Section 24-8-103B of the Municipal Code permits the awarding of development allotments in excess of the maximum allotment level in any given year. 6. The Plan as presented by the Developer warrants an excess development allotment and the Planning Office has indicated excess development allotments are available. 7. No challenges to the Planning and Zoning Commis- sion's scoring or ranking of the Plan's residen- tial development component have been submitted as permitted by Section 24-8-106I of the Municipal Code. ' Section 7 Pursuant to thef~~dings as set forth in section 6 above and in accordance with Section 24-8-106J of the Municipal Code, the City Council awards and grants the Developer six (6) residential development allotments from the GMQS allotment pool for 1990, and eight (8) excess residential development allotments to be off-set in future years in accordance with Section 24-8-103B of the Municipal Code. In accordance with Section 24-8-108 (A) (1) of the Municipal Code, Developer, or its successor in interest, shall be eligible for exemption from the expiration of the GMQS allotments for residential Lots 7, 8, 9 and 10 herein awarded upon proper demonstration that those conditions of final approval and the public improvements associated with Lots 7, 8, 9 and 10 haVe been satisfactorily completed. , i.. 16 37L~793 r'i B-762 P~827 09/30/94 lel,19A Section S Pursuant to Section 24-S-104(C) (1) (b), as amended per Ordinance No. 13, (Series of 1991), of the Municipal Code, the City Council finds as follows in regard to the Developer's request for Growth Management Quota System development exemption for essential public facilities: 1. The Institute's proposed development of new lodge units, expansion of the existing health club, expansion of the restaurant, and expansion of the tennis shop, including rest rooms, is essential for the revitalization of the Aspen Meadows prop- erty. 2. The MAA's proposed expansion of the Music Tent, the addition of a year-round rehearsal/performance hall, and expansion of the Music Tent gift shop, is essential for the revitalization of the Aspen Meadows proPerty. 3. The programs and activities sponsored and or host- ed by the Institute and the MAA at the Aspen Meadows facilities have historically provided intellectual and cultural enrichment to the citi- zens of the City of Aspen without which the City would not have attained its present character and standing in the national and international commu- nity. Furthermore, the Aspen Meadows facilities, and those of the Institute and MAA in particular, have served and continue to serve important commu- nity needs and proposed expansions of same will only enhance their value and accessibility to the citizens of the City of Aspen and the general public. 4. The Institute's and MAA's proposed development involves essential public facilities, will enhance existing essential public facilities, and is not- for-profit in nature. 17 374793 11 B--762 P-8;28 09/30/9lf 10, :;, ~. '\ Section 9 Pursuant to Section 24-S-104(C) (1) (b), as amended per Ordinance No. 13 (Series of 1991), of the Municipal Code, and the findings as set forth in section S above, the City Council awards and grants, Growth Management Quota System development exemptions from competition and affordable housing impact mitigation for the following Plan development on the basis that such development is for essential pUblic facilities: 1. Fifty (50)'n~w lodge units of 42,410 square feet, (Aspen Institute). 2. Health club expansion of 1,800 square feet, (Aspen Institute) . 3. Restaurant expansion of 2,000 square feet, (Aspen Institute). 4. Tennis shop expansion, including rest rooms, of 9S0 square feet, (Aspen Institute). 5. Music Tent backstage expansion of 1,500 square feet, (MAA). 6. The new rehearsal/performance hall of 11,000 square feet, (MAA). 7. Musio Tent gift shop expansion of 1'00' square feet, (MAA) . Seotion 10 Pursuant to Seotion 24-7-1102 of the Municipal Code, the City Council finds as follows in regard to the zoning map amend- ments component of the Plan: 1. The proposed zoning amendments as set forth in the Plan are not in conflict with the provisions of Chapter 24 of the Municipal Code, the Aspen Area lS 374793 ~ B-762 P-8", , 09/30/9410, :l9A PG 19 ~ } of- ;28 Comprehensive Plan or the Aspen Meadows Master Plan. 2. The proposed zoning amendments are compatible with surrounding zone districts and land uses. 3. The proposed zoning amendments will not adversely impaot traffic generation or road safety when taken into consideration with the other aspects of the Plan. 4. The proposed zoning amendments will not adversely impact demand for public faoilities or services nor adversely affect the environment. 5. The proposed zoning amendments will promote the pUblic interest and character of the City of As- pen. Section 11 Pursuant to Seotions 24-7-1102 and 24-7-1103, and Division 2 of Artiole 5 of Chapter 24, as amended per Ordinance No. 13 (Series of 1991), of the Munioipal CodE!, and the findings set forth in Section 10 above, the City Council does grant the following amendments to the Official Zone District Map and does designate the following zone districts for the development subjeot to the oonditions as speoified below: 1. R-MF (Residential MUlti-Family) shall be applied to Lots 5 and 6 (townhomes). 2. R-15 (Moderate-Density Residential) shall be ap- plied to Lots 7, S, 9 and 10 (single family lots). 3. WP (Wildlife Preservation) shall be applied to the 25 acres, more or less, of land conveyed to the City of Aspen (Lot 4)and to the racetrack area of the Aspen Meadows property as depicted in the final SPA development plan submittal. 19 374793 1""\ B-762 P'-83tL, '1219/30/94 10,1'lA PG ,0:0 () OF' <::8 4. OS (Open Space) shall be applied to Anderson Park, the Marble Garden, and the Tent Meadow as depioted in the final SPA development plan submittal. 5. A (Academic) shall be applied to Lots 1, 2 and 3 within the Aspen Meadows owned by the Institute, MAA, and Physics, except where other zone dis- tricts have been designated as hereinabove provid- ed. 6. The zoning designations as specified in paragraphs 1 through 5 above are contingent upon the Develop- er providing precise survey boundaries of the zone districts prior to staff approval of the final plat. 7. Pending such time as the boundaries for the zone districts as described above are finalized and accepted, or no longer than six (6) months, which- ever period is shorter, no building permit shall be issued by the Chief Building Official for any development in the Aspen Meadows which would be prohibited by the zoning districts herein desig- nated and authorized. Section 12 Pursuant to sections 24-7-S04B and 0(2) of the Municipal Code, the City Council finds as follows in regard to the Developer's requestsf6r variations from subdivision and subdivi- sion improvement requirements, easement and utility requirements, design standards for streets and related improvements, and zone district dimensional and minimum lease requirements: 1. The proposed variations are compatible with exist- ing development and land uses in the area and surrounding neighborhoods and are not in conflict with the provisions or goals of the Aspen Meadows 'Master Plan. 2. The proposed variations will not adversely impact public facilities or public safety. , , 20 374793 1""'\ B-762 P~831 09/30/94 10,19A PG n OF 28 section 13 Pursuant to the findings as set forth in seotion 12 above and in accordance with Section 24~7-804D(2), as amended per Ordinance No. 13 (Series of 1991), of the Municipal Code, the city council grants the following variations from subdivision development standards and zone district dimensional and minimum lease requirements as set forth in the Plan: 1. Curbs, gutters and sidewalks need not be provided within the development. 2. Alleys, paved or unpaved, do not need to be pro- vided. 3. Traffic control signs shall be installed at the intersection of the new Meadows Road and Seventh and Eighth Streets, but no traffic signals need be provided. Speed zones shall be signed as deter- mined by the City Engineer. 4. If determined to be necessary by the City Engi- neer, street lights need only be provided at the intersections of the new Meadows Road and Seventh and Eighth Streets. Ornamental street lights are desirable. 5. No street bridges need be provided. Culverts to accommodate irrigation ditches and drainage shall be installed. 6. Street right~of-way regarding new Meadows Road shall only be dedicated at lengths and widths as determined to be necessary by the city Engineer. 7. The minimum centerline curve radius for new Meadows Road may be reduced to 65 feet at and or near the intersection of Eighth Street, and right- of-way widths may be reduced to 40 feet. Maximum grade may be increased not to exceed 8%. All di- mensions shall be specified and confirmed on the final plat. 8. No street-end dedications need be provided. 21 374793 B-762 P-83t"""09/30/94' 0, 9(~PG .;::..:;:. -.- oF~ 9. Cul-de-sac dimensions for Meadowe; :R.oad,may be increased to a maximum length of 2,000 feet with a turnaround diameter at the administration building of approximately 50 feet. 10. The new road alignment for Meadows Road shall remain "Meadows Road" in name. 11. street trees lining new Meadows Road shall consist of cottonwoods of 2 inch caliper spaced every 30 feet along the east boundary beginning at the intersection of Eighth street and extending north to the tennis courts. 12. Fire lane and emergency vehicle access ease- ments may be reduced in width upon approval of the Fire Marshal. 13. utility easement dimensional and location requirements on lots other than those associ- ates with the single family lots may be re- ' duced or modified upon the approval of the City Engineer and easements need not be pro- vided in the absence of actual utility in- stallations. All proposed utility easements should be reflected on the final plat. 14. Fire hydrants shall and need only be situated within 350 feet of all structures. 15. The six (6) month minimum lease requirement for condominium units as contained at section 24-7-1007 (A) (1) (b) (1) of the Municipal Code is' waived as to the condominium units as depicted in t~e Plan. 16. A dimensional height variation for the center portion of, the Tennis Townhomes is allowed for up to 3 feet. 17. A dimensional height variation for the north- ernmost Trustee House is allowed for up to 8 feet. IS. Minimum R-15 zone district lot size per dwelling is reduced to 12,000 square feet for Lots 7, S, 9 and 10. 22 374793 B-762 ("'\ P-833 _,9/30/94 10, 19R PG 23 cl OF '--_ 19. Minimum R-15 zone district side,yard setback requirements are reduced to zero (0) feet for the west side of Lot 7 and the east side of Lot 10. 20. Minimum RMF zone district front yard setback require- ments for accessory buildings may be reduced to zero (0) feet for Lots 5 and 6. 21. Minimum RMF zone district open space requirements are waived for Lots 5 and 6 in consideration of the open space otherwise provided in the SPA development plan. Section 14 Pursuant to section 24-7-1007 B of the Municipal Code, the City Council finds as follows in regard to the Plan's condo- miniumization component: 1. The 8 existing and 3 proposed Trustee Houses (Lot 5) and 7 proposed townhomes (Lot 6) to be condominiumized are not presently leased on a long term basis. 2. A variation in the six (6) month minimum lease requirement is warranted and has been authorizedp~rsuant to Section 13 above. 3. The proposed condominiumization will not adversely impact the availability of afford- able housing. section 15 Pursuant to the findings set forth in section 14 above, and in accordance with Section 24-7-1007 of the Municipal Code, the City Council grants and awards condominiumization approval for the Plan as follows, subject to the conditions as specified herein: 1. For eight (8) existing and three (3) proposed Trustees Houses (Lot 5). 23 ("'\ () 2/+ IJF ;:-:'8 374.793 8--762 P-834 09/30/94 10: l'jr'l 2. For seven (7) proposed townhomes (Lot 6). 3. Condominiumization as awarded in this Section is contingent upon the payment of an afford- able housing impact fee of $64,240.00, which fee shall be paid to the City Finance Direc- tor prior to recordation of as-built condo- minium plats and declarations. section 16 : i .1/' All material representations and commitments made by the Developer pursuant to the Plan approvals as herein awarded, whether in public hearing or dooumentation presented before the Planning and Zoning Commission, Historic Preservation Committee and or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific condi- tions. section 17 .~ i" The Official Zone Distriot Map for the City of Aspen, Colorado, shall be and is hereby amended to reflect those zoning and rezonings actions as set forth in Section 11 above and such amendments shall be promptly entered on the Official Map in accordance with Section 24-5-103B of the Municipal Code. section 18 Any development or proposed development in the Aspen Meadows not vested in accordance with law prior to the effective date of this Ordinance shall comply with the terms and provisions of the 24 37'.793 r'1 8-762 P-835 iZl9/30/9/+ ler,:l9R PG () OF c..cl zone districts and conditions of development adopted pursuant to this Ordinance. Section 19 Pursuant to Section 24-6-207 of the Municipal Code, City Council does hereby grant Developer vested rights in the Plan as follows: 1. The rights granted in the site specific de- velopment plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested rights. Failure to timely and properly re- cord all plats and agreements as specified herein and or in the Municipal Code shall also result in the forfeiture of vested rights. 2. The approvals as granted herein are subject to all rights of referendum and jUdicial review. 3. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances of the City provided that such reviews or ap- provals are not inconsistent with the approv- als granted and vested herein. 4. The establishment herein of a vested property right shall not preclude the application of ordinances, or regulations which are general in nature andi'are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, build- ing, fire, plumbing, electrical and mechani- oal 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 25 374,793 8-762 1""'\ P-836 ~~/30/94 10,19APG26 OF 2(J codes, unless an exemption therefrom is granted in writing. Section 20 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 thap;fourteen (14) days following final adop- tion 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: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 21 The city Clerk ~s,further directed to record a copy of this I 'I'," Ordinance in a timely manner after its final adoption with the Pitkin County Clerk and Recorder. Section 22 This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. 26 374793 n B-7&2 P-837 09/30/94 PG 27 OF section 23 If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. section 24 Publichearing(s) on the Ordinance shall be held on the /"5~ day Of/hay , 1991, in the City Council Cham- bers, Aspen City Hall, 'Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the city Council ~, of the city of Aspen on the 019 day of , 1991. ~./~ William L. Stirling, Mayor 1J.~'::i."Qj;"~'. /dV~.~~::';' '. ...."c ....._:i: .~,'::,~1'd; ", " ~ ;' /.~',"". '.' ~6-~ K~, City Clerk I~O(~.T~~~'~'ADOPTED; passed and approved this 16~y of IJ~ ", ~~I'\ . , 1991. ~.~~ William L. stirling, Mayor 27 r"\ n , ORDINANCE NO.31 (SERIES OF 1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, EXTENDING THE VESTED DEVELOPMENT RIGHTS FOR THREE YEARS FOR THE ASPEN INSTITUTE AT LOT 1-A OF THE ASPEN MEADOWS SUBDIVISION WHEREAS, the Aspen city council adopted Ordinance No.14, series of 1991 for the approval the Aspen Institute's development of 50 new lodge rooms, a parking garage, renovation and expansion of the health club, and renovation of the restaurant building by approval of the Aspen Meadows Final SPA Development Plan ("Plan"); and WHEREAS, Vested Rights for the Aspen Meadows was also granted within the Plan for a period of three years, effective through June 21, 1994; and WHEREAS, the Aspen Institute has completed over 90% of the projects approved by Ordinance No.14, but were unable to complete lodge building number 3 to contain twelve lodge rooms prior to the expiration of vested rights due to fund raising constraints; and WHEREAS, the Aspen Institute submitted a request to the Planning Office on April 26, 1994, for an additional three years of vested rights to extend from June 21, 1994, to June 21, 1997, for the remaining development of lodge building number 3; and WHEREAS, Section 24-6-207 of the Aspen Municipal Code was adopted to provide the necessary procedures to implement the provisions of Article 68 of Title 24, C.R.S., as amended and Section 24-68-104 (1), C.R.S., permits the vesting period to be ( extended upon the express authorization of City Council. 1 ,...", ~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 1. OF ASPEN, COLORADO: Section 1: That it does hereby extend Vested Rights for the Aspen Institute granted by the site specific development plans approved for the Aspen Meadows SPA Final Development Plan, established by Ordinance No.l4, Series of 1991, for a perioa of three (3) years from June 21, 1994 to June 21, 1997, subject to the condition set forth at Section 2 below. Failure to abide by any of the terms and conditions in Section 2 within 45 days or the conditions attendant to the original approvals shall result in the forfeiture of said vested property rights. Failure to properly record all plats and agreements required to be recorded by the Land Use Code shall also result in the forfeiture of said vested property rights. Section 2: That the establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the applicant shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. Section 3: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 4: A public hearing on the Ordinance shall be held on the 2 .,....", day of 1994 at 5:00 P.M., in the city council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be published 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 q? =r day of 'r-e- , 1994,. ~ .7 ~- /7~ ' - Joh Bennett, Mayor FINALLY, adopted, passed C;;r..el/ ' 1994. and approved this of=> day of 9A-v;t?~ John Bennett, Mayor 3 r"'. , f""'\ ,~ ORDINANCE Z3 (SERIES OF 1997) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A THREE YEAR EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 14, SERIES OF 1991, AND EXTENDED BY ORDINANCE NO. 31, SERIES OF 1994 FOR THE DEVELOPMENT APPROVALS ON LOT 1A OF THE ASPEN MEADOWS SPECIALLY PLANNED AREA, CITY OF ASPEN, PITKIN COUNTY, COLORADO. / WHEREAS, pursuantto Section 26.52.080 of the Aspen Municipal Code, City Council may grant an extension of vested rights up to three years for developments other than detached residential and duplex units; and J WHEREAS, on June 10, 1991, City Council adopted Ordinance No. 14, Series of 1991, which approved the Aspen Meadows Specially Planned Area Final Development Plan; and WHEREAS, the vested rights expire on the day after the third anniversary of the date the development approvals have been awarded; and WHEREAS, Council has granted one prior three year extension which extended the vested rights to June 21, 1997; and WHEREAS, the applicant, the Aspen Institute has requested a three year extension of vested rights for Lot 1A; and WHEREAS, the Community Development Department, having reviewed the application recommends approval of a three year extension of vested rights for Lot 1A finding that the development involves an essential public facility and that completion of the project is in the best interests of the City; and WHEREAS, the Aspen City Council, having considered the Community Development Department's recommendation does wish to grant an extension of vested rights status. 1""\ 11 Ordinance No. 26, Series of 1996 Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Pursuant to Section 26.52.080 of the Aspen Municipal Code, City Council does hereby approve a three year extension ofvested rights as approved by Ordinance 14, Series of 1991, and extended by Ordinances 31, Series of 1994, for Lot lA of the Aspen Meadows Specially Planned area. Section 2: 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 3: 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 4: 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 5: A public hearing on the Ordinance shall be held on the 11th day of August, 1997 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. r--. r' Ordinance No. 26, Series of 1996 Page 3 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 14th day of July, 1997. JOhn~,~~~ ATTEST: FINALLY, adopted, passed and approved this iL day of August, 1997. '~(?~ John Bennett, Mayor ATTEST: och, City CI~ ~, t""1 ~. , RESOLUTION NO. 651 (SERIES OF 2000) I A RESOLUTION OF THE ASPEN CITY COUNCIL ~PROVING A TIIREE YEAR EXTENSION OF TIlE VESTED RIGHTS GRANTItD BY OR1>INANCE NO. 14, SERIES OF 1991, AND EXTENDED BYORDINi!ANC NO. 31, SERIEs OF 1994. AND BY ORDINANCE NO. 28, SERIES OF 1997, FO THE DEVELOPMENT APPROVALS ON LOT lA OF THE ASPEN WS SPECIALLY PLA1~D AREA. CITY OF ASPEN, PITKIN COUNIrY, COLORADO. Parcel No. 273S0121-29-0t . WHEREAS, the Community Development Dep~ent received an application from The Aspen Institute (Applicant), represented by Amy L. gerum, Senior Vice President, for a three year extension of vested rights for Lot IA f the Aspen Meadows Specially Planned Area; and, I WHEREAS, the subject property is located in the I Academic and Specially Planned Area Overlay Zone Districts; and, I WHEREAS, City Council adopted Ordinance j-.10. 14, Series of 1991, which approved the Aspen Meadows Specially Planned Area Final. Development Plan; and, WHEREAS, City Council adopted Ordinance 1.0. 31, Series of 1994, which approved a three year extension to June 21, 1997; and, f I WHEREAS, City Council adopted Ordinance tlo- 28, Series of 1997, which approved a three year extension to June 21, 2000; and, I WHEREAS, pursuant to Section 26,308.010 Vest~ Property RightS oithe Land Use Code, City Council may grant an extension of vested rights ror up to three years; and, WHEREAS, the Community Development Directothas reviewed the application and recommended approval of a three year extension of vested ,rights for Lot lA fmding that the review criteria have been met; and, I WHEREAS, the Aspen City CollllCiI has re . and considered the extension of vested rights for Lot I~ under the applicable provisions 0 the Municipal Code as identified herein. has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a I lic hearing; and, , WBERliS, the City Council finds that the extensio4 of vested rights proposal meets or exceeds all applicable land use standards and that the approt of the extension of Vested rights proposal, with conditions, is consistent with the goals d elements of the Aspen Area Community Plan; and, , WHEREAS, the City Council finds that this OrdinanLfurthezs and is necessary for the promotion of public health, safety, and welfare_ r , , 0<:",,, ".\"., '_/=..,~ .-"" (.oc.. ....., . -'~) ': r~ If'") I I ~~N~~~~O~~T~SOLVED:BY nmCI1 COUNCIL OF THE CITY OF i Section 1: I I The Aspen City Council does hereby approve a three y~ar extension of vested rights as approved by Ordinance No. 14, Series of 1991, and extend~d by Ordinance No. 28, Series of 1997, and by Ordinance No. 31, Series of 1994, for Lot IA'of the Aspen Meadows Specially Planned Area, with the following condition: I. All prior City of Aspen approvals shall remain in I force and effect for The Aspen Meadows SPA. 2. That this newly established expiration date of vest rights of May 22, 2003 shaH be granted provided the applicant complies with Seeti 26.575.150: Outdoor Lighting - Pursuant to Ordinance 99-47 made to the Aspen nand Use Code on November 23, 1999. I 3. That any failure to abide by the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Failure to properly record all documents, plats, and agreements required to be recoIrded by the Mwucipal Code shall also result in forfeiture of said vested property tghts- 4. That nothing in the approvals provided in Ordinance '0. 14, Series of 1991 shall exempt the site specific development plan from subsliquent reviews and or approvals required by Ordinance No. 14, Series of 1991 or the $eneral rules, regulations or ordinances of the City provided that such reviews or approvals are not inconsistent , with the approvals granted and vested herein. I 5. That the establishment herein of a vested property ri~t shall not preclude the applications or regulations which are general in na~ and are applicable to all property subject to land use regulation by the City of pen including, but not limited to, building, fire, plumbing, electrical and mechanic codes. The developer shall abide by any and all such building, tire, plumbing, el trical and mechanical codes, unless an exemption there from is granted in writing. S~on 2: I All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether irl public hearing or documentation presented before the City Council, are hereby incorporated in ~h plan development approvals and the same shall be complied with as iffully set foIth herein"unless amended by an authorized entity. I Section 3: I This Resolution shall not effect any existing litigation and ~ not operate as an abatement of any action or proceeding now pending under or by virtue ofth~ ordinances repealed or amended as herein provided, and the same shall be cond~d and conelfed under such prior ordinances. I I , I t""'. i"""'\. y Section 4: If any section, subsection, senteDce, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competeIl! jurisdiction, such portion shall be deemed a separate. distinct and independent provision and ~ not affect the validity of the remaining portions thereof. I I Section 5: i I A duly noticed public hearing on this Resolution was held pn the 22nd day of May, 2000, at 5 :00 in the City Council Chambers, Aspen City Hall, Aspen, Colotado_ I FINALLY, adopted. passed and approved this 22"" day OfJy, 2000. Approved as to form: Q IJ~ Jo Worcestor, City A mey ';0,. ~o~... luo..c::.e~-!... Appro'!ed as to content: I -it-( f Attest: ~~# ~I d/ Kathl)'D S. ~ch, City Clerk ) ~".., p.,..!., r'\ ~ EDWARD M. CASWALL, P.c. Exh,'h'l-- "c II ATTORNEY AT LAW 2 I 6 I 6TH STREET SUITE 1300 DENVER, COLORADO 80202 Edward M. Ca,wall TELEPHONE (720) 904-3712 FAX (303) 825-3202 April 14, 2003 City of Aspen Community Development Department Attn: James Lindt, Planner 130 South Galena Street Aspen, CO 81611 RE: Application for extension of vested rights, Lot lA, Aspen Meadows Specially Planned Area (SPA), Parcel No. 273512129008 Dear Mr. Lindt: Pursuant to our earlier conversations, attached are the pertinent documents regarding The Aspen Institute's request for an extension in the legal vesting period currently in place for the land development approvals for Lot IA of the Aspen Meadows Specially Planned Area (SPA). A brief historical summary of the approvals associated with Lot IA follows. The Aspen Meadows SPA was initially approved on June 10, 1991, pursuant to Ordinance No. 14 (Series of 1991). The Institute was granted authorization to improve and expand the Meadow's lodging and conference facilities via the development of new lodging units, expanding the health club and tennis shop, and expanding the restaurant, all on Lot IA. Growth Management Quota System development exemptions were awarded for the new lodging units and facility expansions. The development approvals were vested for three (3) years. Since that time, all aspects of the development approval( s) have been fully implemented, except for the full build-out (addition) of the lodging units expansion. Proposed and approved Building No.3, containing twelve (12) lodging units, remains to be constructed. Consistent with the City Council's original findings in 1991 approving the SPA, the development of the as yet to be built lodging units is essential to the lodging revitalization of the Meadows property. The initial vesting period for the SPA was first extended in 1994 by Ordinance No. 31 to and until June 21, 1997. Subsequent vesting extensions were granted pursuant to Ordinance No. 28 (Series of 1997) (to and until June 21, 2000), and Resolution No. 65 (Series of 2000) (to and until May 22, 2003).' The Institute's current application seeks an extension for an additional five (5) years, or to and until June 3, 2008. . The development order entered on June 3, 2000 after the adoption of Resolution No. 65 states that the awarded vesting period expires not on May 22, 2003, but June 4, 2003 (see attached). .,...", EDWARD M. CASWALL, P.c. f'I 4 ATTORNEY AT LAW James Lindt, Planner April 14, 2003 Page 2 As noted previously, the Institute has implemented the vast majority of the development granted under the original 1991 SPA approval. Like the already completed lodging expansions, the construction of Building No. 3 is primarily dependent upon the raising of funds through donations and gifts to the Institute. It is hoped that such gifts and donations will be sufficient over the course ofthe next several years to allow the Institute to complete this building. Accompanying this letter is a completed land use application form, an executed fee agreement, and a check for $525.00 to cover the initial fee. For your convenience, I have also attached a copy of Resolution No. 65 (Series of2000). Please note that as a condition of the last extension approval, the Institute was to bring the exterior lighting on Lot lA into compliance with the City's outdoor lighting regulations. This has been done. Please let me know if you require additional information to process the Institute's application. It is my understanding that in conformity with Section 26.308.0l0C of the Land Use Code, no posted or mailed notices will be required for the public hearing to be conducted before the City Council on the application, and that the City will take care of the notice to be published in the newspaper. If this is not correct, please advise. Thank you. Sincerely yours, ~~V1, Edward M. Caswall Counsel for The Aspen Institute EMC/jv Enclosures cc: A. Margerum, The Aspen Institute C:\Client\Aspen Institutc\Lot IA\City of Aspen Itr 4-14.03.doc A'QCHI\IIENT 2 --LAND USE APPLlCOON ApPLICANT: Name: Location: The Aspen Institute, Inc. 1000 North Third Street, Aspen, CO 81611 (Indicate street address, lot & block number, legal description where appropriate) 2735-121-29-008 ' Parcel ID # (REQUIRED) REPRESENTATNE: Name: Edward M. Caswall, Attorney for The Aspen Institute 216 16th Street, Suite 1300, Denver, CO 80202 720-904-3712 Address: Phone #: PROJECT: Name: Aspen Meadows SPA, Lot lA 845 Meadows Road Address: Phone #: 970-544-7906 (The Aspen Institute) TYPE OF ApPLICATION: (please check all that apply): D Conditional Use D Conceptual PUD D Conceptual Historic Devt. D Special Review D Final PUD (& PUD Amendment) D Final Historic Development D Design Review Appeal D Conceptual SPA D Minor Historic Devt. D GMQS Allotment D Final SPA (& SPA Amendment) D Historic Demolition D GMQS Exemption D Subdivision 0 Historic Designation D ESA - 8040 Greenline, Stream D Subdivision Exemption (includes 0 Small Lodge Conversion! Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane D Lot Split D Temporary Use B Other: Vested Rjghts Extension D Lot Line Adiustment D Tex1JMao Amendment Lot lA consists of The Aspen Meadows Resort Hotel & Conference Center, initially approved as part of the Aspen MeadowsSPA ursuanttoOrdinanceNo.14 Seriesof1991 6/10/91. Extend current vested rights period for five (5) years from June 4, 2003 to and until June 5, 2008. Have you attached the following? FEES DUE: $ 525.00 D Pre-Application Conference Summary t!I Attachment #1, Signed Fee Agreement D Response to Attachment #3, Dimensional Requirements r orm D Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" mnst be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part ofthe application. C:\Client\Aspen Institutc\Lot lA\Land Use Appl 3-28-03.doc ~~",,- .--------, I '~\ If! /,,,j I .---/ /' ../'-....; I/~.~ ~--- ,----, ~- \ , , ' I "'! ~. '--_7' "c.';"""'" ";r~_._~,\ ~- i ._;'~ !9 ,~!- E--{~ f - 'f 10, ,,~ " ..../ "":0. H .. ,/ :=,. . ~ ~ : .:.:""-':. ~ ~ ~ ~, ~ ;.~ -1. '/t;l;. i "\.'~ I. ~/ jt.> = ~ , ~ - - ! > "':: "':'C":: " --0 - ;:.. >-:z ;; :2 3::: iJ ~~ F '. ,~ ~ ~ ~ r- I 10 -- '.>j:' ,-'" :.;. , ;. ,I f [ j- ,! , '. , ,..--'. -2::~. -- i c:::::~ :( ~b. --::-...j-~' / . .:::::::--- ----.. -~-- - ....- 1 -. '" " :::..--< ~ . A' ;<lil' .L~ ~, g>~---:~...:;,--:::: il ~ ;I li ,- -.R: __ _ _.~ . '--~~ , '" en _ , -: _ _~, I l~a iY ---. --_.________ ~-, .-.. " f ~ [ /fi '~;- -.... '. -~' -.~ . --ilT---._:~:'/. '~, ' 'b . "',..,.;!' ,g. < Creek' 2 / ~' -- -- _ ~ ," ."..-- ... -..l, Z f; "-. l ~r i~_ '1 ",,' -"~-~~ a.. 0'" ! ~. I '- ~., " .. m f" " .. " tI co i? -"'~ ,,"-, ~~ i ~ .\, ~..'" ....'~ v:- i . >-2."" ~ ~ ,.",-, -------.-,' ..., (!) ~ '---. / '-, ~. ,~ - -"; I - \ , " \ i I, , , ,~-::::! \ . .,..>,~- ~---~-Ji---'; t _' _ f 1, gt,--, _ ~ /:_-:-.--~~_: a--:--- :::_ -.- ~<~ t""\ ~ A , c.. ~~'\ " '0 .~ \!~\ \ ~ , R/ .. ' ~> ' l/.'::/ //" , '" // n.,;".",; ~6 \ 3~ '~ ,) , / " c:' OOOu~o I 0;/ iG ~ '" 2.:>, rF. :2 " ~=_,' _ '2 '-' ~_c' :- $ rr. ~ ~,: I. .a- .. - ~-! -- - ~ ~ or. =- --;; > (D (D v ~ > c- o.. < t 0 r:/:J ~ "0 ~ (D r:/:J ::s , g J ~ , ~ il z ~ ~ "" ~ E ~ l <<; -' (j; <<; ~ ~ f ~ ~ . ^ ~ ~ '" ~. ~ ;(- [ ~ " ., ~<' ,~; Z~ -~ ~ d ~ ZZ .i 'Ie:;;. .~' ~~~PI.g "::l::::i I Jl~ ~~~liiH ~ a v ~ 0 1 0 J 'N:a: (s 'V o N3dSV ~ ~ ~ i, z ! ~:: ~: ~ ; ~ : i ~ ~ ; 3~n~I~SNI I I I I I I ~ I I I I I I . . . ,-" . ~ ~ ~ .5 z :? ~ r/) I ::-+-- m ~ ---.Q:; / -... ~ ...s;;: ..... xU) UJ.5 t: a. ~ ~ ,("1 ~; ":, I I j , ~ r-, ADDRESS OF PROPERTY: ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE (1+ IU~J6\ALS ~Aspen, co ''3,: ,200_ SCHEDULED PUBLIC HEARING DATE: c ___ Posting ~jnotice' By posting of notice, which fomi was obtainedf'rorr\the .. CommunityDevelopment Department, which was made of suitable, , L waterproof materials, which wasnot less than twenty-two (22) inches wi(fe and twellty-six(26) inches high, and which was composed ofletters not , less than oneincll in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the ~ day of >Jr' ,200_, to and including the date and time of the public hearing:z:;4 photograph of the posted notice (sign) is attached hereto. _ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal gove~ent, school, service district or other governmental or quasi-governmental agfncy that owns property within three hundred (300) feet of the property subject to\the development application. The nameS and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) r~ ,~ ! L I Rezoning or text amendment, Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whellever the text ofthi~Titl" islo beam"ncled, whether such revision be madeby repeat o(this Tiileand enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners ofreal property in the area of the proposed change shall be waived. However; the proposed Z0l1ihg map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. The foregoing "Affidavit'()fN~tice"~as aci~nowiedged. b~f~reh;e~ rAay of ~ ,200 ~, by ~ ':5 /'-',...--.oor 'I. WITNESS MY HAND AND OFFICIAL SEAL ':",'-"?:':?:~:'" "'c~'NlyrtCE . ,',.",' , ~:'LOT ~A~ON~ FS~~~- NED AREA- HEREBY that a publIc heanng NOTICE IS , 27 2003 at a meet- wUl be held on ~esda M:IO~ the As~n City IllS to begin at 500 ~ S. Gale- Councll CouDcll Chambers, City Hall, 130 b 't na 5t Aspen to consider an application su IDl- ted b~ the ~pen lnstltute~ 1nc~uesting appfOoty ~ extension of the vested proper ~~ of a five year "t t City Coun- ., rights that were awarded pursuan 0 extended ell Ordlnan~e No 14, ~Ies 01 l~:: 1994, Or- n......uant to orolnance No 31, 'C-- n ...-- 28 series of 1997, and City ounc dlnance No, f 2000 Ordinance No Resolution No. 65, series o. rights 14 series 01 1991 awarded vested property Area. fo; the Aspen Meadows Specially PIart~:~he AS: All of the development rights awarded have been I .'j)eit Meadows Specially Planned Area lYe (12) acted upon with the exception of twe The todge unl" th.t were .pp",ved.;ntoLot":~d the COpy OF THE PUBLICATION Applicant Is requesting approt t (t2) unbullt vested property rights on the we _ve Is desert- 100 its forfWe years. The property .:;nLoI \~21.!.\'~~_Me'd::.~~':: fUPH OF THE POSTED NOTICE (SIGN) :plannedArea. .,'. 'J esLlndt at 'Fir further"!'~f<>-iJnat~,, Ion contact, am - ,v'":_:~-". .: ~:,ert ~~,yt\3~r~ s~~::, ,,~~,p;;, ;{92"\NDGOVERNMENTALAGENCIESNbTICED S095,lamesl@Cl.as sl 1~~lIn K1ander~d, Mayor BY MAIL ' , , - ,'Aspen City Council, , 10 zOO3",,-c J4lbllshed ,lnTJ:1t:,~pen, !lnt~'~n ,May, . (038<1) .., Notary Public i I I i I I I I I , ~ I I I I I I I , , I ! ! i I I I I , ATTACHMENTS: ~-,----., ;.,..... ~,;., 0. r--, r--, ATTACHMENT 7 AFFIDAVIT OF PUSLlC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE L -tf !/r, JK;iJC/? 0 /v(((!~(li:n~ SCHEDULED PUBLIC HEARING DATE:,~/:f-?/;__'Z, . . ,200_ ADDRESS OF PROPERTY: STATE OF COLORADO ) ) SS. County of Pitldn ) I, -c0~ ~Q~L'~I.~d+ (name, please print) being or representing an ApplicaJ1t to theClty of Aspen, Colorado, hereby personally certify that I have complied with the public'hotice requirements of Section 26.304.0<50 (E) of the Aspen Land Use C6diiin the followingmanner:" . _ Publication of notice: By the publicatio~ in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearin.g. A copy of the publication is attached hereto. _{pstfffgofn.g.tice: By posting of notice, which form was obtained from the /- :C9'nllrlllnit}jJ3eyelopment Department, which was made of suitable, z<6;:?y,;aterproof~ate~~al~, which was not les~ than twenty-two (22) inches wide Ii '"andJ>>'~llty-slx (2~) mches hIgh, and whIch was composed ofletters not t\ i les~'tilatfbne Mel:iiin height. Said notice was posted at least fifteen (15) days ;0J";"'Pn.o~to thepi\?ridhearing and was continu?usly visible fron: the _ day of ',,'::': .'"......<0:'1, ,200_, to and mcludmg the date and tIme of the publIc ;Il~@,~~;]'fpfzotograph oftheposted notice (sign) is attached hereto. ~ Mailing of notice. By the mailing of a nptice obtained from the Community Development Department, which contains the information described in Section 26J04.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federalagency,st~te, cOunty, municipal government, school, service district or other governrrlental or qllasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A c~J?'y of the ownerla governmental agencies so noticed is attached hereto. - f<te -(;l/\C{)\ (6- ~eV'~c+ e:Jh(c~ (continued on next page) (') l/1 6/17/ CJ '3 ~. /\ '" .~ Rezoning or text amendment Whenever the official zoning district map is in any way to be changed or amended incidental to ,or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners ofreal property in the area of the proposed change shall be waived. However, tile proposed zoning map has been available for public inspection in the planning agency during aU business hours for fifteen (15) days prior to the public hearing on such amendments. ~, ., ~&.A_ ~~, ..uA;)j S ature ',' ,.:ri: The foregoing "Affidavit OfN, otice"was acknowltlclged b~foremeillls}3 day, of 'O"I-~ ' 200 3, by""3<1-- -...$ L,.,.,c:ClJ 'wrrNESS MY HAND AND OFFICIAL SEAL ""'<".""0'.-' __; ,.,"'",;,<", ,',. My commission expires: of,/ ::L-~/ ~3 ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTicE (SIGN)' '. ' ,. . ._f.,",_ -';U,.:.;"".:",', "-,_,' ,>:',:";,~:>,",:,'",,".::'~:'.;,..:<,:::;;':.:. '::.;';"" '; >,.:_:,)",. . .,,<. , . ,',<_.:_ ,'.,c LIST OF THE OWNERS AND GOVERNMF-NTAL AGENCIES NOnCED BY MAIL ..---' ("'\ 1) '" 'i' PUBLIC NOTICE RE: LOT lA, ASPEN MEADOWS SPECIALLY PLANNED AREA- EXTENSION OF VESTED RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 27, 2003, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Aspen Institute, Inc. requesting approval of a five year extension of the vested property rights that were awarded pursuant to City Council Ordinance No. 14, Series of 1991 and extended pursuant to Ordinance No. 31, Series of 1994, Ordinance No. 28, Series of 1997, and City Council Resolution No. 65, Series of2000. Ordinance No. 14, Series of 1991 awarded vested property rights for the Aspen Meadows Specially Planned Area. All of the development rights awarded in the Aspen Meadows Specially Planned Area have been acted upon with the exception of twelve (12) lodge units that were' approved on Lot lA. The Applicant is requesting approval to extend the vested property rights on the twelve (12) un-built lodge units for five years. Please note that the previous notice contained the incorrect hearing date of Monday, May 27th. The property is described as Lot lA of the Aspen Meadows Specially Planned Area.. For further information, contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095, jamesl@ci.aspen.co.us. sIHelen Kalin Klanderud, Mayor Aspen City Council Published in the Aspen Times on May 10, 2003 City of Aspen Account ~.."", ~ "- H & C MARQOSEE INC TRUSTEE GARFIELD & HECHT PC 601 E HYMAN ASPEN, CO 81611 MEDICINE BOW EQUITY VENTURE LLC 710 E DURANT AVE#W7 ASPEN, CO 81611-2070 I B H PROPERTY TRUST HARRIS IRVING B TRUSTEE 2 N LA SALLE ST STE 400 CHICAGO, IL 60602-3703 MORRIS JOHN S JR PO BOX 8991 ASPEN, CO 81612 GOLDRICH MELINDA 825 W NORTH ST ASPEN, CO 81611-1173 COLGATE S A & R W TRST 422 ESTANTE LOS ALAMOS, NM 87544 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 HANSEN SALLY PO BOX 9343 ASPEN, CO 81612 ASPEN CENTER FOR PHYSICS 700 W GILLESPIE ST ASPEN, CO 81611 GORSUCH JEFFREY S 1/2 707 W NORTH ST ASPEN, CO 81611 ("'\ ESTRIN JUDITH L TRUSTEE 101 FIRST ST #508 LOS ALTOS, CA 94022 MARQUSEECHARLESB PODRAWERX BOCA RATON, FL 33429 WALDECK VIVIAN G 915 WNORTH ST ASPEN, CO 81611-1171 MARQUSEE CHARLES B PO DRAWER X BOCA RATON, FL 33429 NORTON JOHN & ROBIN 817 WNORTH ST ASPEN, CO 81611 WELLS JANE I & JONATHAN R 721 WNORTH ST ASPEN, CO 81611 WING KAREN J 18351 KUYKENDAHL #457 SPRING, TX 77379 ASPEN INSTITUTE INC 1000 NORTH THIRD ST ASPEN, CO 81611 ASPEN CENTER FOR PHYSICS 700 E GILLESPIE ASPEN, CO 81611 (") ,..... ..'., ESTRIN CARRICO F AMIL Y TRUST 101 FIRST ST #508 LOS ALTOS, CA 94022 ANTHONY JULIE KATHLEEN 655 MEADOWS RD ASPEN, CO 81611 BAIRD STEPHEN W & SUSAN MERRITT TRUSTEES 120 S LASALLE ST CHICAGO, IL 60603 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 FELDER RICHARD B & DEBORAH S 11498 E CAROL WAY SCOTTSDALE, AZ 85259-2620 PITKIN COUNTY 530 E MAIN ST STE 302 ASPEN, CO 81611 ASPEN INSTITUTE INC 1000 NORTH THIRD ST ASPEN, CO 81611 MUSIC ASSOCIATES OF ASPEN INC 2 MUSIC SCHOOL RD ASPEN, CO 81611-8500 DIGIGLIA LE RAY DIGIGLIA JOHN WILLIAM PO BOX 4305 ASPEN, CO 81612 "M< r"" GORDqN SH~LDON M & CHRISTINE E C/O GORDON GROUP HLDGS LTD 888 7TH AVE #8 NEW YORK, NY 10106-0001 MILE HIGH HOLDING CO 1991 EALAMEDA AVE #9 DENVER, CO 80209 FERGUSON JAMES & ESTHER PO BOX 1457 CHARLESTON, SC 29402 FORD MERRILL M 51 MEADOWS TRUSTEE RD #51 ASPEN, CO 81611 SMITH VICTORIA LEA 1160 PARK AVE NEW YORK, NY 10128 GOLDSBURY CHRISTOPHER JR TRUST C/O SILVER VENTURES INC 5121 BROADWAY SAN ANTONIO, TX 78209 WESTVIEW HOLDINGS LLC 5121 BROADWAY SAN ANTONIO, TX 78209 HOLLENBECK F AMIL Y 50% C/O KATHY SHIELDS WIDLUND 7203 S HARRISON WAY LITTLETON, CO 80122 VESTAMERICA INC 3102 N OAKLAND ZION RD FAYETTEVILLE, AR 72703 DUNCAN DAVID C/O LA SALLE JOHN D 675 MEADOWS RD ASPEN, CO 81611 ~ CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 KENROSS LUX S A C/O HANK HOLT 3765 CHAMPION BLVD WINSTON-SALEM, NC 27115 SARPAJOHN G 71 MEADOWS #7 ASPEN, CO 81611 REED PRESLEY 0 & PATRICIA 999 8TH ST BOULDER, CO 80302 SMOOKE BARRY 75% INT 155 5TH ANITA LOS ANGELES, CA 90049 WESTVIEW HOLDINGS LLC 5121 BROADWAY SAN ANTONIO, TX 78209 HARRIS ROBERTA H 6 LONGFELLOW PARK CAMBRIDGE, MA 02138 KELLY F AMIL Y L TD KELLY JOHN THOMAS C/O 533 E HOPKINS ASPEN, CO 81611 GANTZEL JOAN & STEEN 705 MEADOWS RD ASPEN, CO 81611 HOLMES ROBERT & AUDREY 45 BERMUDA RD WESTPORT, CT 00880 n ,; SHERMAN HARRIS D 370 17TH ST STE 4500 DENVER, CO 80202-5647 FERGUSON JAMES L & ESTHER B PO BOX 1457 CHARLESTON, SC 29402 ASPEN INSTITUTE INC 1000 NORTH THIRD ST ASPEN, CO 81611 WESTVIEW HOLDINGS LLC 5121 BROADWAY SAN ANTONIO, TX 78209 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 ASPEN INSTITUTE INC 1000 NORTH THIRD ST ASPEN, CO 81611 WESTVIEW HOLDINGS LLC 5121 BROADWAY SAN ANTONIO, TX 78209 HOFFMAN LARRY J & DEBORAH 1221 BRICKELL AVE MIAMI, FL 33131 CAMALOTT A ENTERPRISES LTD DUNCAN C/O 675 MEADOW RD ASPEN, CO 81611 GORDON SHELDON M & CHRISTINE E C/O GORDON GROUP HLDGS LTD 888 7TH AVE #8 NEW YORK, NY 10106-0001 MILE HIGH HOLDING CO 1991 E ALAMEDA AVE #9 DENVER, CO 80209 FERGUSON JAMES & ESTHER PO BOX 1457 CHARLESTON, SC 29402 FORD MERRILL M 51 MEADOWS TRUSTEE RD #51 ASPEN, CO 81611 SMITH VICTORIA LEA 1160 PARK AVE NEW YORK, NY 10128 GOLDSBURY CHRISTOPHER JR TRUST C/O SILVER VENTURES INC 5121 BROADWAY SAN ANTONIO, TX 78209 WESTVIEW HOLDINGS LLC 5121 BROADWAY SAN ANTONIO, TX 78209 HOLLENBECK F AMIL Y 50% C/O KATHY SHIELDS WIDLUND 7203 S HARRISON WAY LITTLETON, CO 80122 VESTAMERICA INC 3102 N OAKLAND ZION RD FAYETTEVILLE, AR 72703 DUNCAN DAVID C/O LA SALLE JOHN D 675 MEADOWS RD ASPEN, CO 81611 f""j CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 KENROSS LUX S A C/O HANK HOLT 3765 CHAMPION BLVD WINSTON-SALEM, NC 27115 SARP A JOHN G 71 MEADOWS #7 ~ ASPEN, CO 81611 REED PRESLEY 0 & PATRICIA 999 8TH ST BOULDER, CO 80302 SMOOKE BARRY 75% INT 155 5TH ANITA LOS ANGELES, CA 90049 WESTVIEW HOLDINGS LLC 5121 BROADWAY SAN ANTONIO, TX 78209 . HARRIS ROBERTA H 6 LONGFELLOW pARK CAMBRIDGE, MA 02138 KELLY F AMIL Y L TD KELL Y JOHN THOMAS C/O 533 E HOPKINS ASPEN, CO 81611 GANTZEL JOAN & STEEN 705 MEADOWS RD ASPEN, CO 81611 HOLMES ROBERT & AUDREY 45 BERMUDA RD WESTPORT, CT 00880 n SHERMAN HARRIS D 370 17TH ST STE 4500 DENVER, CO 80202-5647 FERGUSON JAMES L & ESTHER B PO BOX 1457 CHARLESTON, SC 29402 ASPEN INSTITUTE INC 1000 NORTH THIRD ST ASPEN, CO 81611 WESTVIEW HOLDINGS LLC 5121 BROADWAy SAN ANTONIO, TX 78209 CITY OF ASPEN 130 S GALENAST ASPEN, CO 81611 ASPEN INSTITUTE INC 1000 NORTH THIRD ST ASPEN, CO 81611 WESTVIEW HOLDINGS LLC 5121 BROADWAY SAN ANTONIO, TX 78209 HOFFMAN LARRY J & DEBORAH 1221 BRICKELL AVE MIAMI, FL 33131 CAMALOTT A ENTERPRISES LTD DUNCAN C/O 675 MEADOW RD ASPEN, CO 81611 H & C MARQOSEE INC . TRUSTEE GARFIELD & HECHT PC 601 E HYNIAN ASPEN, CO 81611 MEDICINE BOW EQUITY VENTURE LLC 710 E DURANT AVE #W7 ASPEN, CO 81611-2070 I B H PROPERTY TRUST HARRIS IRVING B TRUSTEE 2 N LA SALLE ST STE 400 CHICAGO, IL 60602-3703 MORRIS JOHN S JR PO BOX 8991 ASPEN, CO 81612 GOLDRICH MELINDA 825 W NORTH ST ASPEN, CO 81611-1173 COLGATE S A & R W TRST 422 ESTANTE LOS ALAMOS, NM 87544 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 HANSEN SALLY PO BOX 9343 ASPEN, CO 81612 ASPEN CENTER FOR PHYSICS 700 W GILLESPIE ST ASPEN, CO 81611 GORSUCH JEFFREY S 1/2 707 W NORTH ST ASPEN, CO 81611 r"i ESTRIN JUDITH L TRUSTEE 101 FIRST ST #508 LOS ALTOS, CA 94022 MARQUSEE CHARLES B PODRAWERX BOCA RATON, FL 33429 WALDECK VIVIAN G 915 WNORTH ST ASPEN, CO 81611-1171 MARQUSEE CHARLES B PO DRAWER X BOCA RATON, FL 33429 NORTON JOHN & ROBIN 817WNORTHST ASPEN, CO 81611 WELLS JANE I & JONATHAN R 721 WNORTH ST ASPEN, CO 81611 WING KAREN J 18351 KUYKENDAHL #457 SPRING, TX 77379 ASPEN INSTITUTE INC 1000 NORTH THIRD ST ASPEN, CO 81611 ASPEN CENTER FOR PHYSICS 700 E GILLESPIE ASPEN, CO 81611 n ESTRIN CAR.RI CO F AlvlIL Y TRUST 101 FIRST ST #508 LOS ALTOS, CA 94022 ANTHONY JULIEKA THLEEN 655 MEADOWS RD ASPEN, CO 81611 BAIRD STEPHEN W & SUSAN MERRlTT TRUSTEES 120 S LASALLE ST CHICAGO, IL 60603 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 FELDER RICHARD B & DEBORAH S 11498 E CAROL WAY SCOTTSDALE, AZ 85259-2620 PITKIN COUNTY 530 E MAIN ST STE 302 ASPEN, CO 81611 ASPEN INSTITUTE INC 1000 NORTH THIRD ST ASPEN, CO 81611 MUSIC ASSOCIATES OF ASPEN INC 2 MUSIC SCHOOL RD ASPEN, CO 81611-8500 DIGIGLIA LE RAY DIGIGLIA JOHN WILLIAM PO BOX 4305 ASPEN, CO 81612 , "-1 ("'\ ER DEVELOP:MENT 0 of the City of Aspen Community Development epartment This Development Order, hereinafter "Order". is hereb issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308_0 0, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows evelopment of a site specific development plan pursuant to the provisions of the land approvals, described herein. The effective date of this Order shall also be the initiati ' date of a three-year vested property right The vested property right shall expire on the day after the-third anniversaIy of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemP.tion, ension, reinstatement, or a revocation is issued by City Council pursuant to Section 26 308.010, After Expiration of vested property rights, this Order shall remain in full fo e and effect, excluding any growth management allotments granted pursuant to Sectio 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property no ed below for the site specific development plan as described below. Aspen Institute. 1000 N. Third St. Aspen. CO 81611 Property Owner's Name, Mailing Address and telephone numbe~ Lot 1 A en Meadows Subdivision Legal Description and Street Address of Subject Property Extension of Vested Ril!hts Wrinen Description of the Site Specific Plan and/or Attachment !Describing PIan Resolution 65-2000. 5/22/00' I Land Use Approval(s) Received and Dates (Altach Final Ordi es or Resolutions) June 3 2000 I Effective Date of Development Order (Same as date ofpublicati n of notice of approval.) June 4. 2003 Expiration Date of Development Order (The extension, reinstatement_ eXelI\ption from expiration and revocation may be pursued in accordance with Section 2~.30g.010 of the City of Aspen Municipal Code.) , 2000, by the Ci~ of Aspen Community , ! Issued this 3'd day of June, De elopment Director. Ann Woods, Community Developme'lt Director APR. 11.2003 4:45PM ASPEN INSTITUTE BOETTCHER I'") , (') NO. 184 P.? CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Al!l"I!einent for Pavmel1t of Citv of Amen DeveloDmen! ADDliCl':tion Fees CITY OF ASPEN (hereinafter CITY) and THE ASPEN INSTITUTE, INC. (hereinafter APPLICANT) AGR.E.E AS FOllOWS: 1. APmCANT has submitted to CITY an application for an extension of vested rights for Lot lA, Aspen Meadows SPA (hereinafter, tl:lE PROJECT). 2. APPUCANT underslands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) esrablishes a fee structure for Land Use applications and the payn1eD,t of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope oflbe proposed J?i'Oject, it is not possible at this time to ascertain the full extent of the COSts involved in proce.ssiilg the application. APPUCANT and CITy fUrther agree that it is m the interest of the parties that APPLICANT make pa)'Ulent of an initial deposit and to thereafter permit additional costs to be billed to A.PPLl:CANT on a IIlonthiy basis. APPLICANT agrees additional costs IllllY accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional pa)'Ulents upon notification by the CITY when l:bey are necessary as costs are incurred. CITy agrees it Will be benetiled thrOUgh the greater certainty , of recOVering its full costs to process APPUCANT'S application. 4. CITY and APPUCANT further agree, that it is iJ:opracticable for my sraff to camplere processing or present sufficient information to the Planning COlllIllission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for prOjecr COnsideration, unless Cu:uenr bi11ings are paid in full prior to decision. 5_ Therefore. APPUCANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a derermination of application completeness, APPLICANT shall pay an initial deposit in the amOllIlt of $525.00 Which is for two (2) hours of Community i)eveloPIllent staff time, and if acrual recorded costs exceed the initial deposit, APPUCANT shall pay additionallllOothly billings to CITy to reimburse the ClTY for the processing of the application mentioned ahove, including post approval reView at a rate of $205.00 per planner hour Over the initial depoSit. Such periOdic pa}'Illents shall be znade within 30 days of the billing date. APPUCANT further agrees that failure to pay such accrued COsts sha11 be grounds for suspension of Processing, and in 00 case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN Al'PUCANT By: Julie Ann Woods CoDlJbU.Qity DevelopllIeDt Director By, Date: g:\support\Corms\agrpay"s.do.: 1/10101 C:'IClientlAllpm~1A.~:tilt"P)m&-MpoZl348'-03.dao Mailing Address, 100(') JJ ThAArJ. ,fl. IJYJP,n (l.{) !?I6// 1""', r.. ~ 1 PUBLIC NOTICE RE: LOT lA, ASPEN MEADOWS SPECIALLY PLANNED AREA- EXTENSION OF VESTED RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, May 27, 2003, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Aspen Institute, Inc. requesting approval of a five year extension of the vested property rights that were awarded pursuant to City Council Ordinance No. 14, Series of 1991 and extended pursuant to Ordinance No. 31, Series of 1994, Ordinance No. 28, Series of 1997, and City Council Resolution No. 65, Series of2000. Ordinance No. 14, Series of 1991 awarded vested property rights for the Aspen Meadows Specially Planned Area. All of the development rights awarded in the Aspen Meadows Specially Planned Area have been acted upon with the exception of twelve (12) lodge units that were approved on Lot 1 A. The Applicant is requesting approval to extend the vested property rights on the twelve (12) un-built lodge units for five years. The property is described as Lot 1A of the Aspen Meadows Specially Planned Area. For further information, contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095, jamesl@ci.aspen.co.us. sIHelen Kalin Klanderud, Mayor Aspen City Council Published in the Aspen Times on May 10,2003 City of Aspen Account '-I ~O f. - )JlA41 tCCY -to -r~ C",-S uJet J( OV\ ifjz-tf!07 , "I ,-. ATTACHMENT 7 )AVIT OF PUBLIC NOTICE IN 26.304.060 (E), ASPEN LAND USE CODE + lA/ Il~YI mfbrbw..s ~ ;(1 , Aspen, CO , 200.3. )ATE: by i") (name, please print) S; lt to the City of Aspen, Colorado, hereby personally the public notice requirements of Section 26.304.060 (E of the Aspen Land Use Code in the following manner: -.L Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. L Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen,Q5) days PriO~t the public hearing and was continuously visible from the ~day of , 200 .:3 , to and including the date and time of the public heanng. photograph of the posted notice (sign) IS attached hereto. ~ Mailing of notice. By the mailing of a notice obtained from the COlTIllllunity Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi -governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior t6 the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) 1""\ ~ v'" Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. . ~~ JjQ~ SIgnature t2- The foregoing "Affidavit of Notice" was acknowledged before me this L day of \v\~" , 200.l, by 5',~ JL\~d2.,.,- 6 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: ~ """""'~. t.-~'\ ~~ Notary PublIc ~ -~. ." ....-~:..-..:- ,~ ,,-'. ATTACHMENTS: COpy OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL . . 1""\ ~ cJj PUBLIC NOTICE ,. An] ~ RE: LOT lA, ASPEN MEADOWS SPECIALLY PLANNED AREA- ~-I..) EXTENSION OF VESTED RIGHTS ".' --.,,) 1- f'l!.-~ NOTICE IS HEREBY GIVEN that a public hearing will be held on:M:nday-rMay 27, 2003, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Aspen Institute, Inc. requesting approval of a five year extension of the vested property rights that were awarded pursuant to City Council Ordinance No. 14, Series of 1991 and extended pursuant to Ordinance No. 31, Series of 1994, Ordinance No. 28, Series of 1997, and City Council Resolution No. 65, Series of 2000. Ordinance No. 14, Series of 1991 awarded vested property rights for the Aspen Meadows Specially Planned Area. All of the development rights awarded in the Aspen Meadows Specially Planned Area have been acted upon with the exception of twelve (12) lodge units that were approved on Lot lA. The Applicant is requesting approval to extend the vested property rights on the twelve (12) un-built lodge units for five years. The property is described as Lot lA of the Aspen Meadows Specially Planned Area. For further information, contact James Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095, jamesl@cLaspen.co.us. slHelen Kalin K1anderud. Mavor Aspen City Council Published in the Aspen Times on May 10, 2003 City of Aspen Account ! 'J~R-30-2003 WED 08:50 AM~ GORDON SHELDON M & CHRISTINE E C/O GORDON GROUP HLDGS LTD 888 7TH A VB 118 NEW YORK, NY 10106-0001 MILE HIGH HOLDING CO 1991 EALAMEDA AVEfl9 DENVER, CO 80209 FERGUSON JAMES & ESTHER PO BOX 1457 CHARLESTON, SC 29402 FORD MERRILL M 51 MEADOWS TRUSTEE RD #51 ASPEN, CO 8]GII SMITH VICTORIA LEA 1160PARK AVE NEW YORK, NY 10128 GOLDS BURY CHRISTOPHER JR TRUST C/O SILVER VENTURES INC 5121 BROADWAY SAN ANTONIO, TX 78209 WESTV]EW HOLDINGS LLC 5]21 BROADWAY SAN ANTONIO, TX 78209 HOLLENBECKPAMILY 50% C/O KATHY SIIIELDS WTDLUND 7203 S HARRISON WAY LITTLETON. CO 80122 VESTAMERICAINC 3 I 02 N OAKLAND ZION RD FAYETTEVILLE, AR 72703 DUNCAN DAVID C/O LA SALLE JOHN 0 675 MEADOWS RD ASPEN, CO 81Gll FAX NO~ " CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81G]1 KENROSS LUX S A C/O HANK HOLT 3765 CHAMPION BLVD WINSTON-SALEM, NC 271 ] 5 SARrA JOHN G 71 MEADOWS #7 ASPEN, CO 8]611 REED PRESLEY 0 & PATRICIA 999 8TH ST BOULDER, CO 80302 SMOOKEBARRY75%INT 155 5TH ANITA LOS ANGELES, CA 90049 WESTVIEW HOLDINGS LLC 5121llROADWAY SAN ANTONIO, TX 78209 HARRIS ROBERTA H 6 LONGFELLOW PARK CAMBRIDGE, MA 02]38 KELLY FAMILY L Tn KELL Y JOHN THOMAS C/O 533 E HOPKINS ASPEN, CO 8]611 GANTZEL JOAN & STEEN 705 MEADOWS RD ASPEN, CO 8161] HOLMES ROBERT & AUDREY 45 BERMUDA RD WESTPORT, CT 00880 P. 02 SHERMAN HARRIS D 370 17TH ST STR 4500 DENVER, CO 80202-5647 FERGUSON JAMES L & ESTHER R PO BOX] 457 CHARLESTON, se 29402 ASPEN INSTITUTE INC 1000 NORTH THIRD S1' ASPEN,C081611 WESTVTEW HOLDINGS LLe 5]21 BROADWAY SAN ANTONIO, TX 78209 CITY OF ASPEN 130 S GALENA ST ASPEN, CO 81611 ASPEN INSTITUTE INC 1000 NORTH THIRD S1 ASPEN, CO 81GIl WESTVIEW HOLDINGS LtC 5121llROADWAY SAN ANTONIO, TX 78209 HOFFMAN LARRY J & DEBORAH 1221 BRICKELL AVE MIAMI, PI. 33131 CAMALOTT A ENTERPRISES LTD DUNCAN c/o 675 MEADOW RD ASPEN, CO 81GII ~~R~30-2003 WED 08:51 A~ H & C MARQOSEE INC . TRUSTEE GARFIELD & HECHT PC , 601 E HYMAN ASPEN, CO 816J I MEDICINE now EQUITY VENTURE LLC 7] 0 E DURANT AVE IfW7 ASPEN, CO 81611-2070 II3 H PROPERTY TRUST HARRIS IRVING R TRUSTEE 2 N LA SALLE ST SlE 400 CHICAGO, IL 60602-3703 MORRIS JOI-IN S JR PO BOX 8991 ASPEN, CO 81612 GOLDRlCH MELINDA 825 W NORTH 81' ASPEN, CO 81611-1173 COLGATE S A & R W TRST 422 ESTANTE LOS ALAMOS, NM 87544 CITY OF ASPEN 130 S GALENA 8T ASPEN, CO 8161 1 HANSEN SALLY PO BOX 9343 ASPEN, CO 81612 ASPEN CENTER FOR PHYSICS 700 W GILLESPIE ST ASPEN, CO 81611 GORSUCH JEFFREY S 1/2 707 W NORTH S1' ASPEN, CO 81611 FAX NC-' ESTRIN JUDlTII 10 TRUSTEr; 101 ERST ST #508 LOS ALTOS, CA 94022 MARQUSEE CHARLES B PODRAWERX BOCA RATON, FL 33429 WALDECK VIVIAN G 915 WNORTH ST ASPEN, CO 81611-1171 MARQUSEE CHARLES B PODRAWERX BOCA RATON, FL 33429 NORTON JOHN & RODlN 817 WNORTH ST ASPEN, CO 81611 WELLS JANE I & JONATHAN R 721 WNORTH S1' ASI'EN, CO 81611 WING KAREN J 18351 KUYKENDAHL 1f457 SPRING, IX 77379 ASPEN INSTITUTE mc 1000 NORTH TI-IlRD S1 ASPEN, CO 81611 ASPEN CENTER FOR PHYSICS 700 E GILLESPIE ASPEN, CO 81611 P. 03 ESTRIN CARRICO FAMILY TRUST 101 FIRST ST 11508 LOS ALTOS, CA 94022 ANTHONY JULIE KATlILEEN 655 MEADOWS 1m ASPEN, CO 81611 I3AIRD STEPHEN W & SUSAN MERRITT TRUSTEES 120 S LASALLE ST CHICAGO, IL 60603 CITY OF ASPEN ] 30 S GALENA 8T ASPEN, CO 81611 FELDER RICHARD R & DEBORAH S ] 1498 E CAROL WA Y SCOTTSDALE, AZ 85259-2620 PITKIN COUNTY 530 E MAIN 8T STE 302 ASPEN, CO 81611 ASPEN INSTITUTE INC 1000 NORTH TIIIRD S1' ASPEN, CO 81611 MUSIC ASSOCIATF\S OF ASPEN INC 2 MUSIC SCHOOL RO ASPEN, CO 8161 1-8500 DIGIGLTA LE RAY DIGIGLJA JOHN WILLIAM PO BOX 4305 ASPEN, CO 81612 " ~.. r"\ . , /'" ./ /' ","'