HomeMy WebLinkAboutordinance.council.027-96
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ORDINANCE '7
(SERIES OF 19 6)
AN ORDINANCE OF THE ASPEN CITY COUNCIll., GRANTING A SIX MONTH EXTENSION
OF THE 1990 RESIDENTIAL GMQS ALLOTMENTS AND VESTED RIGHTS GRANTED BY
ORDINANCE NO. 14, SERIES OF 1991, AND EXTENDED BY ORDINANCE NO. 22, SERIES OF
1994, ORDINANCE NO. 10, SERIES OF 1995, ORDINANCE 38, SERIES OF 1995 AND
ORDINANCE NO.6, SERIES OF 1996, FOR SEVEN TOWNHOMES ON LOT 6 OF THE ASPEN
MEADOWS SPECIALLY PLANNED AREA, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, pursuant to Section 26,100,100 of the Aspen Municipal Code, City Council may
grant an extension of GMQS allocations up to six months for developments other than detached residential
and duplex units; and
WHEREAS, on June 10, 1991, City Council adopted Ordinance No, 14, Series of 1991, which
approved the Aspen Meadows Specially PlalUled Area Final Development Plan and included residential
GMQS allocations; and
WHEREAS, the GMQS development allotments included the construction of seven townhomes
Lot 6; and
WHEREAS, the development allotments expire on the day after the third anniversary of the date
the GMQS allocations, or other development approvals, have been awarded; and
WHEREAS, Council has granted four prior six-month extensions which extended the GMQS
allocation and vested rights to June 19, 1996; and
WHEREAS, the applicant, Savanah Limited Partnership, has requested another six (6) month
extension of the GMQS allocations for Lot 6 of the Aspen Meadows Specially PlalUled Area; and
WHEREAS, the applicant also requests an extension of vested rights status, to coincide with the
GMQS allocation extension; and
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Ordinance No, .2::r, Series of 1996
Page 2
WHEREAS, the Community Development Department, having reviewed the application
recommends approval ofa six (6) month extension of the GMQS allotments and vested rights approved in
Ordinance 14, Series of 1991; and
WHEREAS, the Aspen City Council, having considered the Community Development
Department's recommendation for the GMQS extension, does wish to grant another extension for six (6)
months and extend vested rights status, finding that Savanah Limited Partnership has been unable to
proceed with construction on Lot 6 pending resolution oflitigation which prohibits Savanah fi'Oll1 selling,
developing or financing Lot 6,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1:
Pursuant to Section 24-8-108 of the Mnnicipal Code, City Council does hereby grant the applicant another
six (6) month extension of the 1990 Residential GMQS allocation approved by Ordinance 14, Series of
1991, extended by Ordinances No, 22, Series of 1994, No, 10, Series of 1995, No, 38, Series of 1995, and
No, 6, Series of 1996, for Lot 6 of the Aspen Meadows Subdivision beginning June 19, 1996, and ending
December 19, 1996 with the following conditions:
1, The applicant shall excavate the pedestrian/bike trail to the top of the slope on Lot 6, as required in the
insubstantial amendment to the Aspen Meadows Lots '5 and 6, to be completed by December 19, 1996,
2, The six (6) month extension shall begin at the date of expiration of the previous 6 month extension
which is December 19, 1996 and expire on June 19, 1996,
Section 2:
Pursuant to Section 26,100,100 of the Aspen Municipal Code, City Council does hereby grant the applicant
an extension of vested rights stahlS for the site specific development plan for Lot 6 of the Aspen Meadows
Specially Planned Area as approved by Ordinance 14, Series of 1991 and insubstantially amended by
Pimming Office memo dated March 16, 1995, with the following conditions:
1, The extension of vested rights shall be for six months to December 19, 1996,
2, The rights grmlted by the site specific development pian approved by this Ordinance and the
insubstantial amendment shall remain vested for a period of five years and six months from June 21,
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Ordinance No, 02'1;' Series of 1996
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1991, However, any failure to abide by the terms and conditions attendant to this approval shall result
in forfeiture of said vested property rights,
3, The approval granted hereby shall be subject to all rights of referendum and judicial review,
4, Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan
from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations
or ordinances or the City provided that such reviews or approvals are not inconsistent with the
approvals granted and vested herein,
5, The estahlishment herein of a vested property right shall not preclude the application of ordinances or
regulations which are general in nature and are applicahle to all property subject to land use regulation
by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical
codes, In this regard, as a condition of this site development approval, the developer shall abide by any
and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is
granted in writing,
Section 3:
The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation
within the City of Aspen no later than fourteen (14) days following final adoption hereof,
Section 4:
If any section, subsection, sentence, clause, phrase or pOltion 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 ofthe remaining portions thereof.
Section 5:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or
proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and
the same shall be conducted and concluded under such prior ordinances,
Section 6:
A public hearing on the Ordinance shall be held on the 12th day of August, 1996 at 5:00 P,M, in the City
Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public
notice of the same shall be published one in a newspaper of general circulation within the City of Aspen,
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the
City of Aspen on the 8th day of July, 1996,
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John 'enllett, Mayor
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Ordinance No,2;Z; Series of 1996
Page 4
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FINALLY, adopted, passed and approved this / ,;{ day of a..-rf, 1996,
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John~ Mayor
Kathryn S, K
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Exhibit A
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Request for Extension from GMQS Expiration Deadlines
for the Aspen Meadows Multi-Family Project Approved for Lot 6
This application is submitted on behalf of Savanah Limited Partnership, owner of
Lot 6, Aspen Meadows Specially Planned Area, Savanah requests an additional
extension of six months in the expiration of the growth management allocations for
the seven multi-family units approved by the City on Lot 6 (the Tennis Townhomes
site) as well as an extension of the vested rights granted by the City for the project
approved for this lot,
Over the course of the last twenty-four months, Savanah has worked closely with
the Aspen Institute and with third parties to try to develop a co-development
scenario which will better serve the Institute's long-term needs for additional
housing for its participants, These negotiations previously led to the Aspen
Institute's entering into a contract to purchase Lot 5 from Savanah, However, in
April of 1995, both Lot 5 and Lot 6 were included in a Notice of Lis Pendens recorded
by Mohammad A, Hadid in connection with a lawsuit filed by him against
principals of Savanah Limited Partnership, Savanah vigorously defended against
the suit at considerable expense, and on November 15, 1995, the trial court ordered
the Lis Pendens removed,
Although Mr, Hadid previously released Lot 5 from the litigation so that the
Institute could proceed with its purchase, Mr, Hadid filed, on or about June 3, 1996,
an appeal of the court's order as it affects Lot 6, Savanah has been advised by its
legal counsel that under the law, the Lis Pendens remains in place on Lot 6 pending
a decision on appeal. The practical effect of the recorded presence of the Lis Pendens
is that, through no fault of its own, Savanah is, and for the past 12 months has been,
utterly incapable of doing anything with respect to Lot 6 - i,e" either selling,
developing or financing the lot.
Once Lot 5 was released from the Lis Pendens, the Aspen Institute was able to
proceed with its purchase of Lot 5 from Savanah and its purchase closed on or about
February 6, 1996, The Institute, now that it has purchased Lot 5, has been trying to
determine how to proceed with construction work on the Trustee Houses in a way
which will minimize disruptions to the cultural and academic programs at the
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Meadows, It is Savanah's understanding that the Institute has filed a separate
extension request for its approvals for Lot 5,
In addition to the problems created by the pending litigation, Savanah is presently
involved in sales negotiations regarding Lot 6, The potential purchaser has
appeared before the Planning and Zoning Commission and the Historic
Preservation Committe to discuss certain changes which the purchaser wishes to
make to the project previously approved for Lot 6 and to request that the City allow
these changes to be reviewed under the Insubstantial Amendment procedures of the
land use code,
The City has now agreed that these changes may be reviewed under the Code
provisions which apply to Insubstantial Amendments, An application for these
changes is presently being prepared and is expected to be submitted in the near
future,
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A. Background:
Under the provisions of Sec, 8-108(A)(2), development allotments and all other
development approvals are deemed to expire on the day after the third anniversary
of the project's final development approval, unless a building permit is obtained
and the project is developed, or unless an extension of the approval is obtained,
The approvals for Lot 6 are now scheduled to expire on June 19, 1996 1,
In March 1994, Savanah submitted building permit applications for the two multi-
family projects proposed for Lot 5 and Lot 6 in anticipation of obtaining building
permits to begin construction of these two projects by the original deadline in
1 Sec, 6-207(c) of the Code provides that in those matters in which the Council has final approval,
that approval shall be by ordinance, A site specific development plan shall be deemed approved on
the "effective date" of the approving ordinance, The effective date of Ordinance 14/91, under which
the City granted Final SPA Development Plan approval to the Aspen Meadows, was five business days
after the date of publication of the ordinance following its approval on June 10; in other words, the
effective date of the ordinance was June 20, 1991, Therefore, the GMQS allocations and vested rights
for the two multi-family residential projects in the Aspen Meadows SPA were originally due to expire
on June 21, 1994, Under Ordinance 22/94, Ordinance 10/95, Ordinance 38/95 and Ordinance 6/96, City
Council previously granted extensions of six months each and the approvals are therefore now due to
expire on June 19, 1996,
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June, 1994, However, for scheduling reasons, Savanah hoped to postpone
commence- ment of construction of the seven new townhouse units on Lot 6 until
the fall of 1994 and then begin renovation and enlargement of the Trustee Houses
and
construction of the three new units on Lot 5 in the fall of 1995, Therefore, Savanah
requested and received approval of an extension in the date of expiration of the
GMQS allocations and vested rights for these residential projects from June 21, 1994
to December 21, 1994,
Subsequent to the granting of the original extension, some unforeseen zoning issues
arose with regard to these two projects as a result of City zoning staff review of the
pending building permit applications, These issues prompted Savanah, in October
1994, to seek two administrative amendments to the prior SPA approval. The
Planning staff reached a decision regarding these two administrative amendments
as documented in their March 16, 1995 memo, In the meantime, pending a
resolution of the proposed amendments, Savanah was granted a second extension
to June 19, 1995,
Savanah and the Aspen Institute were granted a third extension to December 19,
1995 after the Aspen Institute entered into the option contract to purchase Lot 5, to
allow additional time to plan the phasing of construction by the two separate
organizations,
Finally, Savanah and the Aspen Institute were granted a fourth extension to June
19,1996 (see Ordinance 6/96, attached as Exhibit A) because of the pending Lis
Pendens, which effectively prevented the transfer of ownership of either Lot 5 or
Lot 6,
It remains a goal of both Savanah and the Aspen Institute to minimize the
disruption on the summer programs of the non-profit organizations by carefully
staging construction of the two projects at different times, if possible,
B. Extension of GMQS Expiration Provisions for Lots 5 and 6:
Under the provisions of See. 8-108(A)(2), multi-family developments shall be
eligible for extension of the GMQS expiration provisions, To obtain an extension,
an application for extension shall be submitted prior to the approval deadline which
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shall demonstrate to the satisfaction of City Council that the following three
conditions in bold have been met (the Parties' response to these conditions follows
each condition):
(a) Those conditions applied to the project at the time of its final approval
which were to have been met as of the date of application for exemption have
been complied with [Sec. 8-108(A)(2)(a)).
To the best of the applicant's knowledge, all of the conditions which were
applied to the Project under the original SPA Agreement which were Savanah's
obligation to fulfill have been satisfied, When City Council granted the six
month extension of the 1990 Residential GMQS allocation under Ordinance 14,
Series of 1991 to June 19, 1996, the approval was subject to the following
additional conditions:
1. The applicant shall excavate the pedestrian/bike trail to the top of the
slope on Lot 6, as required in the insubstantial amendment to the Aspen
Meadows Lots 5 and 6, to be completed by October 31, 1996.
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For several reasons, the required excavation work for the trail has not yet
been completed, First, it has been Savanah's intent to complete the
excavation work for the trail at the same time as excavation work for the
residential units, to avoid the necessity of bringing equipment to the site
twice, Secondly, before the trail work can be undertaken, the Institute needs
to complete the relocation of trees which are located within the trail
easement, Finally, it would be preferable to coordinate the excavation work
for the trail with the City's plans for the remainder of the trail down the
hillside, Savanah has not been made aware of the City's plans if the City has,
in fact, established a final plan for that portion of the trail.
Given the appeal of the judge's earlier decision to remove the Lis Pendens, it
is unlikely that the litigation will be resolved in time to allow construction to
begin on the residential project by October 31. The applicant therefore
requests that the date for completion of the trail excavation be extended to the
expiration date of this extension request, or until December 19, 1996,
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2. The applicant shall eliminate the non-functioning trail lights along old
Meadows Road by June 1, 1996, subject to approval by the Pedestrian and
Bikeway Committee,
The non-functioning trail lights have been removed,
3. The applicant shall plant approximately 15-20 more trees along
Meadows Road, consistent with the approved landscape plan. This shall be
completed by July 1, 1996. In addition, the applicant is responsible for the
relocation of several Aspen trees that have been planted in the trail easement
by July 1, 1996.
It is Savanah's understanding that a Parles Department staff member has
identified 15 to 20 additional trees on the Aspen Institute parcel which in
their opinion need to be planted to bring the project into compliance with the
SPA landscape plan, The Institute has addressed the issue of the additional
trees identified on their parcel in their extension request filed separately, The
Institute has agreed to relocate the aspen trees previously planted in the trail
easement,
4. The six (6) month extension shall begin at the date of expiration of the
previous 6 month extension which is December 19, 1995 and expire on June
19,1996.
The applicant is now requesting an additional six-month extension, to
December 19, 1996,
(b) Any improvements which were required to be installed by the
applicant prior to construction of the project have been installed [Sec. 8-
108(A)(2)(b)].
All of the improvements which were required to be installed under the SPA
Agreement have now been completed, except as discussed above.
(c) The project has been diligently pursued in all reasonable respects, and the
extension is in the best interests of the community [Sec. 8-108(A)(2)(c)].
Despite the fact that actual construction of the new residential units has not
begun, Savanah has nonetheless expended well over one million dollars in road
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construction, installation of utilities and landscaping in anticipation of the
residential building program,
The Consortium members have diligently pursued completion of the project
while working within the constraints of the fund-raising efforts of the non-profit
organizations and the interruptions in construction during a large majority of
the summer building season which were previously agreed to, These were
recognized concerns spelled out by the parties to the SPA Agreement. The
project infrastructure is in place and most of the new and renovated facilities are
now complete,
Savanah has diligently pursued a building permit for the project which is the
subject of this request and has worked closely with City staff to resolve
unforeseen zoning issues, The applicant has been unable to proceed with the
project because of the pending litigation, Savanah believes that the additional
extension is clearly in the best interests of the community,
In summary, Savanah is requesting an extension of the GMQS expiration
provisions for the allocations granted to the seven townhouse units on Lot 6 as well
as vested rights for the project for a period not to exceed six additional months, This
extension is requested in order to allow Savanah additional time to resolve the
pending litigation and to insubstantially amend its prior approval, as recently
discussed with the City,
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SA V ANAR LIMITED PARTNERSHIP
1925 Century Park East, Suite 1900
Los Angeles, California 90067
Tel. (310) 229-2929/ Fax (310) 229-2939
June 6, 1996
Mr, Stan Clauson
Director of Community Development
City of Aspen
130 S, Galena Street
Aspen, Colorado 81611
Dear Mr, Clauson:
I am writing to you on behalf of Savanah Limited Partnership, owner of Lot 5, Aspen Meadows
Specially Planned Area, Savanah has authorized the preparation by Joseph Wells Land Planning of the
attached extension request for the residential Growth Management Quota Systems approvals and vested
rights granted for these lots under Ordinance 14, Series of 1991.
During the processing of this application, Savanah will be represented by John Sarpa and Joseph
We:1ls, Please contact John at 925-4272 or Joe at 925-8080 if you have any questions or need additional
information,
ORB:y'
Attachments
U:\USERS\GENERAL\ WP\ORB\CLAUSON.606
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Exhibit A
ORDL'iANCE 6
(SERIES OF 1996)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SL'{ MONTH EXTENSION
OF THE 1990 RESIDENTIAL GMQS ALLOTMENTS AND VESTED RIGHTS GRANTED BY
ORDINANCE NO. 14, SERIES OF 1991, AND EXTENDED BY ORDINANCE NO. 22, SERIES OF
1994, AND EXTENDED BY ORDINANCE NO, 10, SERIES OF 1995, AND EXTENDED BY
ORDINANCE 38, SERIES OF 1995 FOR THREE TOWNHOIVIES ON LOT 5 AND SEVEN
TOWNHOMES ON LOT 6 OF THE ASPEN MEADOWS SUBDIVISION, CITY OF ASPEN,
PITKIN COUNTY, COLORADO,
WHEREAS, pursuant to Section 24-8-108 of the Aspen Municipal Code, City Council may grant
an extension of GMQS allocations up to six months for developments other than detached residential and
duplex units; and
WHEREAS, on June 10, ]99], City Council adopted Ordinance No, 14, Series of 1991. which
approved the Aspen Meadows Specially Planned Area Final Development Plan and included residential
GMQS allocations; and
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WHEREAS, the GMQS development allotments included the construction of 10 townhomes on
two parcels, Lots 5 and 6; and
WHEREAS, the development allotments expire on the day after the third anniversary of the date
the GMQS allocations, or other development approvals, have been awarded; and
WHEREAS, Council has granted three prior six-month extensions which extended the GNIQS
allocation and vested rights to December 19, 1995; and
WHEREAS, the applicant, Savanah Limited Partnership, has requested another six (6) month
extension of the GMQS allocations for Lots 5 and 6 of the Aspen Meadows Subdivision; and
WHEREAS, the applicant also requests an extension of vested rights status, to coincide with the
GMQS allocation extension; and
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WHEREAS, the Planning Office, having reviewed the application recommends approval of a six
(6) month extension of the GMQS allotments and vested rights approved in Ordinance 14, Series of 1991;
and
WHEREAS, the Aspen City Council, having considered the Planning Office's recommendation for
the GMQS extension, does wish to grant another extension for six (6) months and extend vested rights
status finding that the Aspen Institute requires more time to resolve legal issues and finalize purchase of Lot
:5 without jeopardizing the option contract, Savanah requests to re-examine the affordable housing
mitigation requirement which has increased significantly since the 1991 approval, and avoiding campus
disruption as a result of summer construction activity is in the best interest of the community,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1:
Pursuant to Section 24-8-108 of the :Vlunicipal Code, City Council does hereby grant the applicant another
six (6) month extension of the 1990 Residential GMQS allocation approved by Ordinance 14, Series of
1991, extended by Ordinance No, 22, Series of 1994, No, 10, Series of 1995, and No, 38, Series of 1995 for
Lots 5 and 6 of the Aspen Meadows Subdivision beginning December 19, 1995, and ending June 19, 1996
with the following conditions;
1, The applicant shall excavate the pedestrianlbike trail to the top of the slope on Lot 6, as required in the
insubstantial amendment to the Aspen Meadows Lots 5 and 6, to be completed by October 31,1996,
2, The applicant shall eliminate the non-functioning trail lights along old Meadows Road by June I, 1996,
subject to approval by the Pedestrian and Bikeway Committee,
3, The applicant shall plant approximately 15-20 more trees along Meadows Road, consistent with the
approved landscape plan, This shall be completed by July 1, 1996, In addition, the applicant is responsible
for the relocation of several Aspen trees that have been planted in the trail easement by July I, 1996,
4, The six (6) month extension shall begin at the date of expiration of the previous 6 month extension which
is December 19,1996 and expire on June 19, 1996,
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<It !Section 2:
Pursuant to Section 24-6-207 of the Municipal code, City Council does hereby grant the applicant an
extension of vested rights status for the site specific development plan for Lots :5 and 6 of the Aspen
Meadows Subdivision as approvd by Ordinance 14, Series of 1991 and amended by Planning Office memo
dated March 16, 1995, with the following conditions:
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L The extension of vested rights shall be for six months to June 19, 1996,
2, The rights granted by the site specific development plan approved by this Ordinance and the
insubstantial amendment shall remain vested for a total of five year from June 21, 1991, which was
approved by Ordinance No, 14, Series and insubstantially amended, However, any failure to abide
by the terms and conditions attendant to this approval shall result in forfeiture of said vested
property rights,
3, The approval granted hereby shall be subject to all rights of referendum and judicial review,
4, Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan
from subsequent reviews and or approvals required by this Ordinance or the general rules,
regulations or ordinances or the City provided that such reviews or approvals are not inconsistent
with the approvals granted and vested herein,
:5, The establishment herein of a vested property right shall not preclude the application of ordinances
or regulations which are general in nature and are applicable to all property subject to land use
regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and
mechanical codes, In this regard, as a condition of this site development approval, the developer
shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an
exemption therefrom is granted in writing,
,Section 3:
The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation
within the City of Aspen no later than fourteen (14) days following fmal adoption hereof.
Section 4:
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect
the validity of the remaining portions thereof.
,Section 5:
This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or
proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and
the same shall be conducted and concluded under such prior ordinances,
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Section 6:
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A public hearing on the Ordinance shall be held on the 22nd day of January, 1996 at 5:00 P,M, in the City
Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public
notice of the same shall be published one in a newsp':per 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",('~
C~--fA ~ ,1996,
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FINALLY, adopted, passed and approved this
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day of
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John Bennett, Mayor
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John Bennett, Mayor
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