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HomeMy WebLinkAboutcoa.lu.sp.Lot5 Aspen Meadows.A9496 CAl-LOADSUMMARY SHEET - CITY."'-\ASPEN DATE RECEIVED: 12/17/96 DATE COMPLETE: PARCEL ID # 2735-122-00-004 CASE # A94-96 STAFF: Amy Amidon PROJECT NAME: Project Address: APPUCANT: AddresslPhone: REPRESENTATIVE: Kaufman & Peterson Gld.t:OTl AddresslPhone: 315 E. Hyman Ave. 925-8166 Lot 5, Aspen Meadows Ext. Of Vested Rights & GMQS Allotment Aspen Meadows Aspen Institute \iuu.tPnfJ64'1 RESPONSIBLE PARTY: Applicant Other Namel Address: FEES DUE PLANNING ENGINEER HOUSING ENVHEALTH CLERK TOTAL FEES RECEIVED PLANNING $0 ENGINEER $ HOUSING $ $0 ENV HEALTH $ :i 11/\'~~ALC~~~ $0 $ $fT 10'3'0 $a i (y) $0 :; # APPS RECEIVED # PLATS RECEIVED GIS DISK RECEIVED: TYPE OF APPUCATION One Step P&Z CC CC (2nd readin ) REFERRALS: o <;ity Attorney [3"'City Engineer o Zoning o Housing o pnvironmental Health I3'Parks DATE REFERRED: -D1- o Aspen Fire Marshal o City Water o City Electric o Clean Air Board o Open Space Board o Other: o CDOT o ACSD o Holy Cross Electric o Rocky Mtn Natural Gas o Aspen School District o Other: DATE DUE: ~~1 INITIALS: _ ~ APPROVAL: ~lResolution# A J'~;~"f 1997 ~oval J . Plat Recorded: Date: Date: Book \~/OJ 199; , ,Page CLOSEDIFILED DATE: 4"~/0/7 ROUTE TO: ~..;,...... -~ G~.('r"-- INITIALS: J1Ml ~ ~c.J ~ MEMORANDUM TO: Mayor and Council '" I I / Amy Margerum, City ManagW . Stan Clauson, Community Development DirectoW THRU: THRU: FROM: Amy Amidon, Historic Preservation Officer RE: Aspen Meadows Lot 5 Residential GMQS and Vested Rights Extension Request, Second Reading of Ordinance #4, Series of 1997 DATE: February 10, 1997 SUMMARY: The Aspen Institute and the Trustee Townhomes At-The-Aspen-Meadows Condominium Association, as owners of the units on Lot 5 have requested an additional six month extension to their 1990 GMQS allotment for three new multi-family units and to the vested rights granted for the development on Lot 5 ofthe Aspen Meadows Specially Planned Area. This request would extend the allocation and vested rights to June 19, 1997. The application, including Ordinance #26, Series of 1996, which provided an extension to December 19, 1996 is attached as Exhibit A. Staff recommends approval of a six (6) month extension of the GMQS allocation and the extension of vested rights status with conditions. Conditions #3 and 4, have been added subsequent to First Reading and reflect the input of the City Engineering Department. APPLICANT: The Aspen Institute and the Trustee Townhomes At- The-Aspen Meadows Condominium Association, represented by Gideon Kaufman. BACKGROUND: Council approved the 1990 GMQS allocation for 3 new townhomes on Lot 5 as part of the Aspen Meadows Specially Planned area development, which received final approval in early 1991. The GMQS allocations were due to expire on June 21, 1994. In April 1994, Savanah requested a six month extension on the GMQS , and vested rights for Lots 5 and 6, which Council granted. The applicants have since requested and been granted extensions every six months, with the most recent extension set to expire on December 19, 1996. On December 6, 1996, the applicant (now the Aspen Institute and Trustee Townhomes At- The-Aspen Meadows Condominium Association) submitted a request for another extension. City policy has been that if an application for an extension is received before the expiration date of the vested rights, City Council will consider the request as timely ~\\oi\ A ~ ,~ filed even though the matter is scheduled for Council consideration after the expiration date. The attached application lays out the factors which have delayed construction of the approved project. Lot 5 was included with Lot 6 in a Notice of Lis Pendens by Mohammed A. Hadid in connection with a lawsuit filed by him against principals of Savanah Limited Partnership in April of 1995. While the Lis Pendens was in effect, Savanah was prohibited from selling, developing, or financing either Lots 5 or 6. On November 15, 1995, the trial court ordered the Lis Pendens removed. Mr. Hadid subsequently filed an appeal to the court's order as it affects Lot 6, but released Lot 5 from the litigation so the Institute could proceed with its purchase. In February of 1996, the Aspen Institute purchased Lot 5 from Savanah Limited Partnership, and thereafter recorded a Condominium Plat creating The Trustee Townhomes At- The-Aspen Meadows. STAFF COMMENTS: Section 26.100.100 of the Aspen Municipal Code states that a development allotment and all other development approvals shall expire on the day after the third anniversary of the latest date of project approval, unless a building permit is obtained and project is developed, or unless an exemption from or extension of the approval is obtained. For developments other than a subdivision, an application for extension shall be submitted prior to the third anniversary of the date of approval of a site specific development plan which shall demonstrate to the satisfaction of city council that: (a) Those conditions applied to the project at the time of its final approval which were to have been met as of the date of application for exemption have been complied with; and RESPONSE: All conditions of approval associated with the SPA agreement and subsequent extensions have been completed, with the exception of the removal of aspen trees planted within the trail easement and the addition of 15-20 more trees along Meadows Road. The applicant requests that the meeting of this requirement be extended until October 15, 1997 as the best time to plant or relocate trees is in late fall for the greatest chance of survival. (b) Any improvements which were required to be installed by the applicant prior to construction of the project have been installed; RESPONSE: All the improvements which were required under the SPA Agreement have been completed. Although construction has not begun for Lots 5 and 6, the applicant shall be required to mitigate any construction damage to Aspen Meadows Road and a I "to 1.5" overlay is required when the construction is complete. Utilities have been installed and road upgrades are completed. -. ~- (c) The project has been diligently pursued in all reasonable respects, and the extension is in the best interest of the community, RESPONSE: Staff notes that this is the sixth extension requested by the applicant. It was recommended in February 1996 that no further extensions be granted for reasons beyond unforeseeable legal circumstances specific to the Lis Pendens, The delay caused by the inability of the Institute to purchase the lot prior to removal of the Lis Pendens precluded the development of the units during the spring 1996 off-season as anticipated. The Institute feels that construction must be scheduled in the off-season in order to minimize disruption of the cultural programs at the Meadows. To date the applicant has expended considerable funds for road construction, installation of utilities and landscaping in anticipation of the proposed project. The existing Trustee Townhomes are now occupied and the Institute is under contract with another potential purchaser, Doug MacPherson. Under this agreement, Mr. MacPherson received approval for the Institute for an amendment to the Final SPA Agreement which will allow the three new townhouses to better meet the Institute's housing needs. Final approval of the new design has been granted by the Historic Preservation Commission. RECOMMENDATION: Staff recommends a six (6) month extension of the 1990 Residential GMQS allocation and vested rights for Lot 5 of the, Aspen Meadows Specially Planned Area be approved and amended in the Aspen Meadows Specially Planned Area development plan with the following conditions: 1. The applicant shall plant approximately 15-20 more trees along Meadows Road, consistent with the approved landscape plan. This shall be completed by October 15, 1997. In addition, the applicant is responsible for the relocation of several aspen trees that have been planted in the trail easement by October 15, 1997. 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 shall expire on June 19, 1997. 3. The City Water Department must receive "as-built" easements and drawings of the water system for the Aspen Meadows Subdivision, to be recorded and submitted prior to issuance of additional building permits in the subdivision. 4. The applicant must post financial assurances acceptable to the City Attorney and City Engineer for the work on and around this lot at the time of building permit application. RECOMMENDED MOTION: "I move to approve Ordinance #4, Series of 1997." f'""', ......... CITY MANAGER'S COMMENTS: EXHIBITS: Ordinance #4, Series of 1997 A. Staff memo dated February 10, 1997 B. Applicant's extension request C. City Engineer referral meadowcc.doc ,~, ,-- 41'1- ,!" BROOKE A. PETERSON GIDEON l. KAUFMAN< LAW OFFICES OF KAUFMAJ."i & PETERSON, P.C. 315 EAST HYMAN AVENUE ASPEN, COLORADO 81611 TELEPHONE (970) 925-8166 FACSIMILE (970) 925-1090 HAL S. DISHLER - OF COUNSEL; ERIN L. FERNANDez- .. --. .-' ';'~ ........- -- . . ALSO AOMfTTED IN ~ - ALSO AOMtTTEO IN"f!!XAS - ALSO AOMtT'TED INFl..OR10A December 6, 1996 VIA HAND DELIVERY Mr. Stan Clausen Director of Community Developrnent, City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Re: Lot 5, Aspen Meadows, Specially Planned Area Dear Mr, Clausen: I am writing to you on behalf of The Aspen Institute. Inc., a Colorado nonprofit corporation. as Declarant under the Condominium Declaration for The Trustee Townhomes At- The-Aspen Meadows and as owner of Units I, 3, 10 and II, according to the Plat of The Trustee Townhomes At-The-Aspen Meadows a part of what was formerly known as Lot 5. Aspen Meadows Specially Planned Area, and The Trustee Townhomes At-The-Aspen Meadows CondominiUm Association. Inc.. on behalf of the owners of Units 2, 4, 5, 6, 7, 8 and 9 of the Trustee Townhomes. The Aspen Inst(lUte, Inc. and The TrliStee Townhomes At-The-Aspen Meadows Condominium Association are requesting review and approval by the City Council of the enclosed extension request for the residential development approvals granted for Lot 5 under Ordinance 14. Series of 1991 and as modified by the HPC on September 13, 1995, and extended under Ordinance 6. Series of 1996, and under Ordinance 26, series of 1996. Please call if you have any questions or need additional infonnation. Very truly yours, GIK:ds Enclosures KAUFMAN & PETERSON, P.C., A Professional Corporation ~. ~ Gid 0 Kaufinan . Exhibit 8 "-', .,,-.,. Request for Extension from GMQS Expiration Deadlines for The Trustee Townhomes At- The-Aspen Meadows This application is submitted on behalf of The Aspen Institute, Inc., a Colorado nonprofit corporation ("The Institute"), as Declarant under the Condominium Declaration for The Trustee Townhomes At-The-Aspen Meadows! and as owner of Units 1,3, 10 and 11, according to the Plat of The Trustee Townhomes At-The-Aspen Meadows 2 (the "Trustee Townhomes") a part of what was formerly known as Lot 5, Aspen Meadows Specially Planned Area ("Lot 5"), and The Trustee Townhomes At-The-Aspen Meadows Condominium Association, Inc., ("Association") on behalf of the owners of Units 2, 4, 5, 6, 7, 8 and 9 of the Trustee Townhomes. The Institute and the Association request an additional extension of six months in the expiration of the growth management allocations for the three multi-family units approved by the City on Lot 5 and for an extension of the vested rights granted by the City for the projects approved for the Trustee Townhomes. On or about February 6, 1996, (after release of the Lis Pendens recorded by Mohammed Hadid discussed in the most recent extension request), the Institute purchased Lot 5 frorn Savanah Limited Partnership ("Savanah") and, thereafter recorded a Condominium Plat creating a condominium community known as The Trustee Townhomes At- The-Aspen Meadows. Over the course of the last few months, The Institute was working closely 'With one third party to try to co-develop the vacant Units in a way that would better serve the Instirute's long-term needs with a restrictive construction schedule to minimize the disruption of the cultural programs at the Meadows. The delay caused by The Institute's inability to purchase Lot 5, until the Hadid Lis Pendens was actually removed, effectively precluded the development of the vacant Units during the off- season as anticipated. Thereafter, the prospective purchaser declined to purchase. The Institute entered into another contract with prospective purchaser, Doug McPherson. The due diligence for that Contract expiries at the end of December, 1996 and the contract is specifically contingent upon the vested rights being extended for an additional six (6) months with modified approvals for which application is being made concurrently. , Dated January 31, 1996, and recorded February 6, 1996 as Reception No. 389723 of the records of Pitkin County, Colorado 2 Recorded on February 6, 1996 in Plat Book 39 at Page 16 of the records of Pitkin County, Colorado 1 ,-.. ,-.., 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 are now scheduled to expire on December 19, 19963. In March 1994, Savanah submitted building pennit applications for two multifamily projects in anticipation of obtaining building permits to begin construction of these two projects by the original deadline in June 1994. However, for scheduling reasons, Savanah needed to postpone commencement 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 Townhomes and construction of the three new units on Lot 5 in the fall of 1995. Therefore, Savanah previously 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 tD the granting of the 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 appiications. 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, I 995-memo. In the meantime. pending a resolution of the proposed amendments, Savanah was granted a second extension to June 19, 1995. The Institute and Savanah were granted a third and fourth extension to June 19, 1996 (see Ordinance 6/96, attached as Exhibit A) after The Institute entered into the option contract to purchase Lot 5 to allow additional tirne to plan the phasing of construction by the'two separate organizations and to obtain the release of the Hadid Lis Pendens which was t1Jed precluding the 3 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, wasfive 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 multifamily 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 granted extensions a/six months each; the approvals are now due to expire on December 19, 1996. 2 ,-.., ,-.., parties from moving forward. An extension was then granted on July 8, 1996 (See Ordinance 29196) extending the vested right period to December 19, 1996. It remains a goal of The Institute to minimize the disruption to the summer programs of The Institute and other nonprofit organizations by starting construction and by undertaking the most disruptive stages of construction during the off-season. Starting the projects during the off season, will also ease the problems of construction staging in the relatively constrained area remaining at the Meadows. The Institute requests the continued cooperation of the City in the ongoing agreement between the City and the members of the Consortium to ny to avoid unnecessary'disruptions of the academic programs at the Aspen Meadows through various constrUction stages to be undertaken. B. Extension of GMQS Expiration Provisions for Lots 5 and 6: Under the provisions of Sec. 8-108(A)(7), 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 shall demonstrate to the satisfaction of City Council that the following three conditions in bold have been met (The Institute's 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 Parties knowledge, all of the conditions which were applied to the Project under the SPA Agreement have been complied with. (b) Any improvements which were required to be installed by the applicant prior to construction ofthe project have, been installed [Sec. 8- 108(A)(2)(b )]. All of the improvements which were required to be installed by applicant under the SPA Agreement and Ordinance 6/96 have now been completed including the planting of additional cottonwood street trees along Meadows Road, the elimination of the oon- functioning trail lights along old Meadows Road and some additional cleanouts that the City requested be added to the irrigation system; except for condition #3 set forth in Ordinance #6, Series 1996, Section 1, which requires that by July 1, 1996 approximately fifteen (15) to twenty (20) more trees along Meadows Road be planted and that Aspen trees planted within the trail easement be relocated. This planting has not yet been complete and extension of this requirement to October 15, 1996 is requested as the best time to plant or re-Iocate , " 1""'"\ ..'-" trees is in late fall for the greatest chance of survival ' (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 and renovation and expansion of the existing residential units has not begun, Savanah as the predecessor in title has nonetheless expended well over one million dollars in road 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 nonprofit organizations and the interruptions in construction during a large majority of the summer building seasons 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 building permits for the two projects which are the subject of this request and has worked closely with City staff to resolve unforeseen zoning issues. The Institute has been unable to proceed with the projects due to delay in purchase of the property caused by the Hadid litigation and thereafter, the contingencies of the contracts for sale and development which include application presently before the City for modification to the approvals. The Institute believes that the additional extension is clearly in the best interests of the community. In summary, The Institute and the Association are requesting an extension of the GMQS expiration provisions for the allocations granted to the three townhouse units on Lot 5, known as Units 1, IO and II, as well as vested rights regarding the projects approved with regard to the Trustee Townhomes for a period not to exceed six additional months. 4 r-.. -. MEMORANDUM To: Amy Amidon, Planner Nick Adeh, City Engine~y Chuck Roth, Project Engineer (!'fL Thru: From: Date: January 17, 1997 Re: Aspen Meadows Extension of V ested Rights (Lot 6) (parcel ID No. 2735-122-31-003) After reviewing the above referenced application, I am reporting the combined comments made by the members of the DRC: 1. Existing Site Conditions - Since the proposed development lies within an existing subdivision, was previously approved and consists of the build-out of the approved plans, there are no apparent impacts or changes in the present site conditions, exterior uses of the property nor drainage requirements for the property. 2. Incomplete Requirements - To date it appears that there are two conditions of the previous approvals affecting this Lot 6 that have not been fulfilled. a. The City Engineering Department has not received recorded as-built easements for the sewer line through Lot 6. While the original easements were dedicated with the plat in January, 1992, the dedication certificate (paragraph 4) on that plats states that the descriptions of the "as-built" utility easements would subsequently be recorded upon the completion of construction of the utilities. These must be received prior to issuance of a building permit and shown on the site improvement survey in order to confirm that construction is not proposed within the easement. Similarly, the City Water Department has not received as-built easements and as-built drawings of the water system for the Aspen Meadows Subdivision. These must be recorded and received prior to issuance of additional building permits in the subdivision. b. Prior to receiving a building permit for the proposed construction, the applicant is required to post with the City financial assuIances acceptable to the City Attorney and City Engineer for the work on and around this lot. This requirement becomes effective upon application for the building permit for this lot. Sy.oVi \ \0 \ t G ,-. (\ Memo - Aspen Meadows Extension of Vested Rights (Lot 5) 3. Other Approving Agencies - At the time that this development was approved, the City Public Works Director oversaw and coordinated the several operating departments which provide services to or have improvements in this development. Since this position has since been eliminated and the responsibilities divided between the several departments which were formerly under the umbrella of Public Works, it would be appropriate to confirm with each affected department that the respective concerns, requirements and conditions for which it is now responsible, with respect to this development, specifically this lot, have been adequately addressed or that there is a mechanism for doing so. The former Public Works Director also assisted in coordinating with the private utility providers outside of the City of Aspen, (e.g. ACSD, KNE Energy, Holycross Electric Association, etc.) which may also have specific requirements and obligations with this development which need to be fulfilled or verified. As such, it would be appropriate to also contact these utilities. M97.I4 ,-., 1- "'~~'.';;"". . ' ( MEMORANDUM i,(jJ;....Y::.,'.;.,;\~;.;...:.);: ~:..:;:::.;':.,~0.:~::::::(:~.t.~~;':~;::~~'.~~.~":";',s::. From: Amy Amidon, Planner Nick Adeh, City Ei1ginee~ Ross C. Soderstrom, Project Engineer)t.5. January 14, 1997 To: Thru: Date: Re: Aspen Meadows Extension of V ested Rights (Lot 5) (Lot 5, Block 1, Aspen Meadows Subdivision, City of Aspen, CO) In order to provide you with a timely response to this urgent application, the following discussion represents only the comments of the Engineering Dept. rather than the full membership of the DRC. After reviewing the above referenced application and making a site visit, I am reporting our comments: ( 1. Existing Site Conditions: Since the proposed development lies within an eXIstmg subdivision, was previously approved and consists of the build-out of the approved plans, there are no apparent impacts or changes in the present site conditions, exterior uses of the property nor drainage requirements for the property. 2. Incomplete Requirements: To date it appears that there are three (3) conditions of the previous approvals affecting this Lot 5' that have not been fulfilled. c a. The City Engineering Dept. has yet to receive the as-built record easements for the water and sewer lines which were built around and through Lot S. While the original . . easements were dedicated with the plat in January, 1992, the dedication certificate . (paragraph 4) on that plats states that the descriptions of the "as-built" utility easements would subsequently be recorded upon the completion of construction of the utilities. These must be recorded and received prior to issuance of any building permit for new construction on Lot 5 in order to verifY the actual location of the existing utilities prior to new construction. Similarly, the City Water Department has not received as-built easements and as~built drawings of the water system for the Aspen Meadows Subdivision. These must be received prior to issuance of additional building permits in the subdivision. I OF2 DRCM0397.DOC - ~ Memo - Aspen Meadows Extension of V: Rights (Lot'S) ("'1 ) b. Prior to receiving a building permit for the proposed construction, the applicant is required to post with the City financial assurances acceptable to the City Attorney and City Engineer for the work on and around this lot. This requirement becomes effective upon application for the building permit for this lot. I 1 3. Other Approving Agencies: At the time that this development was originally approved, the City Public Works Director oversaw and coordinated the several operating departments which provide services to or have improvements in this development. Since this position has since been eliminated and the responsibilities divided between the several departments which were formerly under the umbrella of Public Works, it would be appropriate to confirm with each atfected department that the respective c.oncerns, requirements and conditions for which it is now responsible, with respect to this development, specifically this lot, have been adequately addressed or that there is a mechanism for doing so. The applicant will need to contact other utility providers outside of the City of Aspen, (e,g. ACSD, KNE Energy, Holycross Electric Association, etc.) which may also have specific requirements and obligations with this development which need to be fulfilled or verified. As such, it would be appropriate to also contact these utilities. ) ) 20F2 DRCM0397,DOC ,-,. .~ MEMORANDUM TO: Mayor and Council THRU: Amy Margerum, City Manager . Stan Clauson, Community Development Director ~ THRU: DATE: January 27, 1997 FROM: Amy Amidon, Historic Preservation Officer RE: Aspen Meadows Lot 5 Resi enti Request, First Reading of din , f SUMMARY: The Aspen Institute and fhe ru ee 0 omes At- The-Aspen-Meadows Condominium Association, as owners elf th . ts on ot 5 have requested an additional , six month extension to their 1990 GMQ all tment or three new multi-family units and to the vested rights granted for the devel p nt 0 Lot 5 of the Aspen Meadows Specially Planned Area. This request would eX1:end the allocation an vested rights to June 19, 1997. The application, including Ordinance #26, Se . s of 1996, which provided an extension to December 19, 1996 is attached as Exhib' A. Staff recommends approval of a six ( month extension of the GMQS allocation and the extension of vested rights starns wi conditions. APPLICANT: The Aspe nstitute and the Trustee Townbomes At-The-Aspen Meadows Condominium Assoc' ation, represented by Gideon Kaufman. BACKGROUND: Co '1 approved the 1990 GMQS allocation for 3 new townhomes on Lot 5 as part of the Aspen Meadows Specially Planned area development, which received final approval in early 1991. The GMQS allocations were due to expire on June 21, 1994. In April 1994, Savanah requested a six month extension on the GMQS and vested rights for Lots 5 and 6, which Council granted, The applicants have since requested and been granted extensions every six months, with the most recent extension set to expire on December 19, 1996. On December 6, 1996, the applicant submitted a request for another extension, City policy has been that if an application for an extension is received before the expiration date of the vested rights, City Council will consider the request as timely filed even though the matter is scheduled for Council consideration after the expiration date. Exhibit A ,~ r--, ~~. r--, The attached. application lays out the factors which have delayed construction of the approved project. Lot 5 was included with Lot 6 in a Notice of Lis Pendens by Mohammed A. Hadid in connection with a lawsuit filed by him against principals of Savanah Limited Partnership in April of 1995. While the Lis Pendens was in effect, Savanah was prohibited from selling, developing, or financing either Lots 5 or 6. On November 15,1995, the trial court ordered the Lis Pendens removed. Mr. Hadid subsequently fried an appeal to the court's order as it affects Lot 6, but released Lot 5 from the litigation so the Institute could proceed with its purchase. In February of 1996, the Aspen Institute purchased Lot 5 from Savanah Limited Partnership, and thereafter recorded a Condominium Plat creating The Trustee Townhomes At- The-Aspen Meadows. STAFF COMMENTS: Section 26.100.100 of the Aspen Municipal Code states that a development allotment and all other development approvals shall expire on the day after the third anniversary of the latest date of project approval, unless a building permit is obtained and project is developed, or unless an exemption from or extension of the approval is obtained. For developments other than a subdivision, an application for extension shall be submitted prior to the third anniversary of the date of approval of a site specific development plan which shall demonstrate to the satisfaction of city council that: (a) Those conditions applied to the project at the time of its final approval which were to have been met as of the date of application for exemption have been complied with; and RESPONSE: All conditions of approval associated with the SPA agreement and subsequent extensions have been completed. with the exception of the removal of aspen trees planted within the trail easement and the addition of 15-20 more trees along Meadows Road. The applicant requests that the meeting of this requirement be extended until October 15,1997 as the best time to plant or relocate trees is in late fall for the greatest chance of survival. (b) Any improvements which were required to be installed by the applicant prior to construction of the project have been installed; RESPONSE: All the improvements which were required under the SPA Agreement have been completed. Although construction has not begun for Lots 5 and 6, the applicant shall be required to mitigate any construction damage to Aspen Meadows Road and a I "to 1.5" overlay is required when the construction is complete. Although the construction of the new units has not begun, utilities have been installed and road upgrades are completed. ,I"""" ,-.., PUBLIC NOTICE RE: ASPEN MEADOWS EXTENSION OF VESTED RIGHTS NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, February 10, 1997 at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by The Aspen Institute, Inc & . The Trustee Townhomes At-The-Aspen Meadows Condominium Association requesting a six month extension in the expiration of the growth management allocations for the three multi-family units approved by the City on Lot 5 (the Trustee Townhomes site) as well as an extension of the vested rights granted by the City for the project approved for this lot. The property is located at Lot 5, Aspen Meadows Specially Planned Unit. For further information, contact Julie Ann Woods ((970) 920-5100) or Amy Amidon ((970) 920-5096) at the AspenlPitkin Community Development Department, 130 S. Galena St., Aspen, CO. sf.John Bennett. Mayor Aspen City Council Published in the Aspen Times on January 25,1997 City of Aspen Account T6 610ieon K'Cl-i,i'/f)G<A 1.1~ J j/J7 'i.,.....;p~ ,. ~ .1""\ ,-,. , ASPENIPITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 ~970) 920-5090 FAX# (970) 920-5439 January 7,1997 Gideon Kaufman Kaufman & Peterson 315 E. Hyman Avenue Aspen, CO 81611 Re: Aspen Meadows Extension of V ested Rights (Lot 5) Case A94-96 Dear Gideon, The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. Please submit $1,155 (Planning deposit $1,050 and Engineering fee $105) and returned the enclosed Agreement to Pay Form as soon as possible. We have scheduled this application before the Aspen City Council on Monday, January 27, 1997 at a meeting to begin at 5:00 p.m. Should this date be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda dates will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable techpical problems. The Friday before the meeting dates, we will call to infonn you that a copy of the memo pertaining to the application is available at the Planning Office. If you have any questions, please call Amy Amidon, the planner assigned to your case, at 920- 5096. Sincerely, ;01-07(00- Rhonda Harris Administrative Assistant