HomeMy WebLinkAboutcoa.lu.sp.MAA Extension.A3794
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CASELOAD SUMMARY SHEET
city of Aspen
DATE RECEIVED: 05/03/94
DATE COMPLETE:
PARCEL ID AND CASE NO.
2735-144-01-001 A37-94
STAFF MEMBER: KJ
Extension I of Vested Riqhts
Box AA. Asoen.
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PROJECT NAME: MAA
project Address:
Legal Address:
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APPLICANT: Music Associates of Asoen
Applicant Address: Box AA.I Asoen. CO
REPRESENTATIVE: Mvler. Stul]er and Schwartz 920-1018
Representative Address/Phone:! 106 S. Mill. #202
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FEES: PLANNING $ 978 'I # APPS RECEIVED 1
ENGINEER $ # PLATS RECEIVED 1
HOUSING $ I
ENV. HEALTH $ !
TOTAL $ 978 i
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TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: -X- 2 STEP:
IpUBLIC HEARING: YES NO
\VESTED RIGHTS: YES NO
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I\PUBLIC HEARING: YES
VESTED RIGHTS: YES
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P&Z Meeting Date
CC Meeting Date
NO
NO
DRC Meeting Date
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REFERRALS: I
City Attorney Parks Dept. School District
City Engineer Bld~ Inspector Rocky Mtn NatGas
Housing Dir. Fire Marshal CDOT
Aspen Water Holy Cross Clean Air Board
City Electric MtnL Bell Open space Board
Envir.Hlth. ACSID Other
Zoning Enetgy Center Other
DATE REFERRED: INtTIALS: DUE:
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___ City Atty ~ City Engine~r ___zoning ___Env. Health
___ Housing ___ open Space i Other:
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FILE STATUS AND LOCATION: i
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MEMORANDUM
TO:
Mayor and City council
THRU:
Amy Margerum, City Manager
THRU:
Leslie Lamont, Interim City
Planning Dir.cto~
FROM:
Kim Johnson, Planner
DATE:
June 13, 1994
RE: Music Associates of Aspen - Vested Rights Extension,
Second Reading of Ordinance 20, Series 1994
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construction of the last two items approved ~1992 Aspen
Meadows SPA Plan. These remaining items are the expansion of the
backstage building of the Music Tent and the expansion of the gift
kiosk in front of the tent.
ends approval of a vested rights extension for a period
yea s, with one condition.
The Aspen Meadows Final SPA Development
was approved by City Council on June 10, 1991. This approval
included vested rights for three years, ending June 21, 1994.
Please see Exhibit A for page 18 of Ordinance 14, Series of 1991-
First Reading of Ordinance 20 was held on May 23, 1994.
BACKGROUND: The 1991 Aspen Meadows SPA Plan approved several
projects for the MAA including the Harris Concert Hall, parking lot
revisions, a 1,500 s.f. expansion of the Tent backstage building,
and a 100 s.f. expansion of the gift shop. These elements were
included in the Meadows exemption from Growth management
competition and mitigation because they were found by council to
be essential public facilities.
To date, the largest elements of the MAA's development have been
completed, those being the Harris Hall and the parking lot re-
arrangement (landscaping of the lot is due this summer).
STAFF COMMENTS: The substantial costs of the completed concert
hall and parking revisions has been funded by donations to the MAA.
They want to proceed with the two remaining projects as soon as
possible, but are limited at this time because of their financial
constraints. See application information, Exhibit "A". To allow
the MAA a flexible timeframe to be vested under the 1991 approval
for the backstage expansion and the kiosk expansion, they seek a
5 year extension of their vested rights approvals.
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Chapter 24 of the Aspen Municipal Code does not provide specific
review criteria for an extension of vested rights. staff finds
that there is no loss of public benefit from an limited extension
of vested rights for the MAA development for the following reasons:
1. The projects are relatively small elements of the overall MAA
development approved in 1991.
2. The 1991 SPA approval exempted the MAA' s development from
growth management competition and mitigation, therefore the City
did not assign GMP allocations to the MAA, nor was it expecting
mitigation during a specific timeframe from the MAA.
3. The Aspen Area Community Plan's goal of supporting the arts and
non-profit organizations of the community will be upheld by the
vested rights extension.
Therefore, staff is forwarding a recommendation that the vested
rights extension be for three years rather than the five years
proposed by the MAA. A three year period would be consistent with
the land use code's allowance for vested rights, after a development
approval. If three additional years were approved, it would
provide the MAA with a total of six years vested rights status,
which is a substantial amount of time from the date of original SPA
approval.
Per the Final SPA Plan, the only outstanding requirement for the
MAA is the completion of the parking area landscaping. The parking
lot itself has been regraded and surfaced according to the layout
approved in the 1991 SPA Plan. Staff has included a condition of
approval for the extension request that this landscaping shall be
finished no later than October 31, 1994.
RECOMMENDATION: Staff recommends approval of an extension of
vested rights for the remaining development at the Music Associates
of Aspen music tent for a period of 3 years, with one condition
regarding the completion of landscaping.
ALTERNATIVES: City Council could elect to extend vested rights for
a different period of time or deny the extension request.
PROPOSED MOTION: "I move to approve Ordinance 20, Series 1994 at
secbnd reading for a 3 year extension of vested, rights for the
MAA's Music Tent backstage expansion of 1,500 s.f. and the gift
kiosk expansion of 100 s. f., both of which were approved by
Ordinance 14, Series 1991 for the approval of the Aspen Meadows SPA
Final Development Plan."
CITY MANAGER'S COMMENTS:
EXHIBITS:
A. Application Information
B. PUblic Notice PUblication
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Music Associates of Aspen
April 22, 1994
Ms. Kim Johnson
City of Aspen
Planning Department
130 South Galena
Aspen, CO 81611
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Dear Kim,
As I.am sure you are aware, the vested development rights granted by the 1991 Aspen
Meadows Specially Planned Area Agreement expire this year. I am therefore requesting an
extension of those development rights not yet completed.
Specifically, we have not yet been able to address two projects. Of greatest importance to
the Music Festival is the expansion of the backstage building of the Bayer/Benedict Music
Tent. As noted in our original application, this expansion will provide dressing rooms,
orchestra locker rooms, and an expanded women's restroom for our patrons. The second
component was the approval to expand the Gift Kiosk in front of the Tent:
The last three years have produced tremendous successes for the Music Festival. We have
completed construction of the Joan & Irving Concert Hall, reconfigured the Tent lawn areas,
and improved the parking area for pedestrian, bicycle, and bus access. Our fund-raising
efforts have barely managed to keep pace with these projects. To commence further
construction at this time is just not financially feasible.
We intend to proceed with these projects as soon as funds allow. I would therefore request
an extension that pennits us the maximum flexibility to schedule construction pursuant to our
ongoing fundraising efforts. I trust that your flexibility in this regard will result in a project
every bit as outstanding as Harris Concert Hall.
I would be happy to meet with you at your convenience to discuss this. Thank you in
advance for your kind consideration.
. 0 ert Harth
President and CEO
cc: Alan Schwartz
Post Office Box AA, Aspen, Colorado 81612 303/925-3254 Fax: 303/925-3802
Music Associates of Aspen. Inc. . .\spen Music Festival & School
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OROINANCENO.20
(SERIES OF 1994)
AN ORDINANCE OFTHE CI1Y COUNCIL OF mE
CITY OF ASPEN, COLORADO, EXTENDING THE
VF.STEP DEVELOPMENT RIGHTS FOR THREE
YEARS FOR THE MUSIC ASSOCIATES OF ASPEN
ON LOT 2 OF THE ASPEN MEADOWS SUBDIVI-
SION
WHEREAS. the Aspen City Council approved
Ordinance No. 14, Series of 1991, tor the approval
of the Aspen Meadows SPA Final Development
Plan; and
WHEREAS. the Music Associates 01 Aspen was a
co-applicant lor the Aspen Meadows SPA Final
Development Plan and by virtue ot Ordinance
No. 14, Series ot 1991, received ap~vJJ.1 to con-
strucl a rehearsaJjperlormance.hall. music tent
backstage expa.nslon, gill shop expansion, and
parldng lot redevelopment; and
WHEREAS, vested rights lor a period of three
years was Included In the application submitted
to the P!arlnlng Office by the Aspen Meadows co-
appJiCants aild was approved as part oJ the over-
all SPA Plan approval: and
WHEREAS, the Music Associates 01 Aspen has
completed the majority 01 their projects
approved by Ordinance No.1 4, but were unable to
complete the 1,500 s.t. 01 tent backstage expan-
siOn or the 100 s.t. 01 gilt Idosk expansion prior to
the expiration of vested rights due to fund raising
cOJ\$traints;and
WHEREAS, the Music A:>socJates 01 Aspen sub.
mUted to the Planning Otflce a request to extend
vested rights tor the two projects remaining lrom
the 1991 Aspen Me;l;dows SPA approval for an
addltlollal3 years; and
WHEREAS, Section 24-6-201 of the Aspen Munic-
ipalCode was adopted 10 provide the necessary
procedures to ImpJement the provisions of Arti-
cle 68 ot TItle 24, C.R.5., as amended and Sedion
24-68.104 (I), C.R.S., permits the vesting period to
be extended upon the express authorization oJ
City Council.
NOW, TIlEREFORE, BE IT ORDAINED BY.THE
CITY COUNCIL OF TUE CITY OF ASPEN, COL-
ORADO:
Section I: Thilt it does hereby extend Vested
Rights for the Music Associates of Aspen granted
by the :lIte specific development plans approved
tor the Aspen Meadows SPA Anal Development
Plan. established by Ordlnance No. 14~ Series of
1991, fO( d peliod of thr~c (3) y~rs from JUtle 20,
1994. However, any tailure to abide by any 01 the
terms andcondllions attendant to the approvals
shall result In the forfeJture 01 said vested proper-
ty rtshts. Failure to properly record all plats and
agreements required to be re<:ordt.'d by [he ~nd
Use Code shall also result in the forfeiture 01 said
vested property lights.
Section 2: The extension 01 vested rlghlS shall
be conditioned upon the complellon ollhe park.
ing area landscaping per the approved Aspen
Meadows SPA Anal Development Plan, no later
than. October 31, 1994.
Section 3: The establishment of a vested pr0p-
erty right sball not preclude the application ot
ordinances or reguJallons which are general In
nature and are appllcabJe to all property subjeCt
to land use regulation by the City of Aspen Inch>>
lng, but not limited 10, building, lire, plumbing,
electriCal and mechanical codes. In this regard, as
a condition at this site developnlent approval, lhe
appJlcant shall abide by any and all such bUilding,
lire, plumbing, el<<trlcai and mechanical codes,
unless an exemption therefrom. is granted in writ.
ing.
Secllon 4: That the City Clerk Is directed, upon
the adoption althis ordinance, to record a copy
01 this ordinance In the office 01 the Pitkin County
Clerk and Recorder.
Section 5: A public hearing on the Ordinance
shall be hekl on the 13th day 01 June 1994 at 5:00
P.M. In the City Council Chambers, Aspen City
Hall, Mpen Colorado. filleen (15) days prior 10
which a heartng 01 publiC notice 01 the same shall
be published In a newspaper of general clrcula.
tion within the City ot Aspen.
INTRODUCED, READ AND ORDERED PUB.
USBED as provided by law, by
the CIty Council ot the City 01 Aspen on the
t3rd day 01 May, 1994.
John S. Bennett, Mayor
A TrEST:Kathryn S. Koch, City Clerk
ANALLY, adopted; passed and approved this
day of , 1994.
John Bennett, Mayor
A TrEST: Kathryn S. Koch, City Clerk
PubUshed In 1be Aspen Times May 21, 1994.
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MEMORANDUM
FROM:
Mayor and city Council
Amy Margerum, city Manager
Leslie Lamont, Interim City Planning Directo~~;I~
Kim Johnson, Planner
TO:
THRU:
THRU:
DATE:
May 23, 1994
Consent Agenda: Music Associates of Aspen - Vested Rights
Extension, First Reading of Ordinance ~ , Series 1994
RE:
========================================
SUMMARY: The applicant, the Music Associates of Aspen, seeks to
extend vested rights status for a period of 5 years for the
construction of the last two items approved in the 1992 Aspen
Meadows SPA Plan. These remaining items are the expansion of the
backstage building of the Music Tent and the expansion of the gift
kiosk in front of the tent.
Staff recommends approval of a vested rights extension for a period
of three years, with one condition.
PREVIOUS COUNCIL ACTION: The Aspen Meadows Final SPA Development
Plan was approved by city Council on June 10, 1991. This approval
included vested rights for three years, ending June 21, 1994.
Please see Exhibit A for page 18 of ordinance 14, Series of 1991.
BACKGROUND: The 1991 Aspen Meadows SPA Plan approved several
projects for the MAA including the Harris Concert Hall, parking lot
revisions, a 1,500 s.f. expansion of the Tent backstage building,
and a 100 s.f. expansion of the gift shop. These elements were
included in the Meadows exemption from Growth management
competition and mitigation because they were found by Council to
be essential public facilities.
To date, the largest elements of the MAA's development have been
completed, those being the Harris Hall and the parking lot re-
arrangement (landscaping of the lot is due this summer).
STAFF COMMENTS: The substantial costs of the completed concert
hall and parking revisions has been funded by donations to the MAA.
They want to proceed with the two remaining projects as soon as
possible, but are limited at this time because of their financial
constraints. See application information, Exhibit "A". To allow
the MAA a flexible timeframe to be vested under the 1991 approval
for the backstage expansion and the kiosk expansion, they seek a
5 year extension of their vested rights approvals.
1
t""""
~
Chapter 24 of the Aspen Municipal Code does not provide specific
review criteria for an extension of vested rights. staff finds
that there is no loss of public benefit from an limited extension
of vested rights for the MAA development for the following reasons:
1. The projects are relatively small elements of the overall MAA
development approved in 1991.
2. The 1991 SPA approval exempted the MAA's development from
growth management competition and mitigation, therefore the city
did not assign GMP allocations to the MAA, nor was it expecting
mitigation during a specific timeframe from the MAA.
3. The Aspen Area Community Plan's goal of supporting the arts and
non-profit organizations of the community will be upheld by the
vested rights extension.
Therefore, staff is forwarding a recommendation that the vested
rights extension be for three years rather than the five years
proposed by the MAA. A three year period would be consistent with
the land use code's allowance for vested rights after a development
approval. If three additional years were approved, it would
provide the MAA with a total of six years vested rights status,
which is a substantial amount of time from the date of original SPA
approval.
Per the Final SPA Plan, the only outstanding requirement for the
MAA is the completion of the parking area landscaping. The parking
lot itself has been regraded and surfaced according to the layout
approved in the 1991 SPA Plan. Staff has included a condition of
approval for the extension request that this landscaping shall be
finished no later than october 31, 1994.
RECOMMENDATION: Staff recommends approval of an extension of
vested rights for the remaining development at the Music Associates
of Aspen music tent for a period of 3 years, with one condition
regarding the completion of landscaping.
ALTERNATIVES: city Council could elect to extend vested rights for
a different period of time or deny the extension request.
PROPOSED MOTION: "I move to approve first reading of Ordinance
02Q., Series 1994 for 3 year extension of vested rights for the
MAA's Music Tent backstage expansion of 1,500 s.f. and the gift
kiosk expansion of 100 s.f., both of which were approved by
Ordinance 14, Series 1991 for the approval of the Aspen Meadows SPA
Final Development Plan."
CITY MANAGER'S COMMENTS:
EXHIBITS:
A. Application Information
2
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April 22, 1994
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Music Associates of Aspen
Ms. Kim Johnson
City of Aspen
Planning Department
130 South Galena
Aspen, CO 81611
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Dear Kim,
'--~--_._.,--_._, .
As I am sure you are aware, the vested development rights granted by the 1991 Aspen
Meadows Specially Planned Area Agreement expire this year. I am therefore requesting an
extension of those development rights not yet completed.
Specifically, we have not yet been able to address two projects. Of greatest importance to
the Music Festival is the expansion of the backstage building of the Bayer/Benedict Music
Tent. As noted in our original application, this expansion will provide dressing rooms,
orchestra locker rooms, and an expanded women's restroom for our patrons. The second
component was the approval to expand the Gift Kiosk in front of the Tent.
The last three years have produced tremendous successes for the Music Festival. We have
completed construction of the Joan & Irving Concert Hall, reconfigured the Tent lawn areas,
and improved the parking area for pedestrian, bicycle, and bus access. Our fund-raising
efforts have barely managed to keep pace with these projects. To commence further
construction at this time is just not financially feasible.
We intend to proceed with these projects as soon as funds allow. I would therefore request
an extension that permits us the maximum flexibility to schedule construction pursuant to our
ongoing fundraising efforts. I trust that your flexibility in this regard will result in a project
every bit as outstanding as Harris Concert Hail.
I would be happy to meet with you at your convenience to discuss this. Thank you in
advance for your kind consideration.
, 0 ert Harth
President and CEO
cc: Alan Schwartz
Post Office Box AA, Aspen, Colorado 81612 303/925.3254 Fax: 303/925-3802
Music Associates of Aspen, Inc. . Aspen Music Festival & Behool
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MYLER, STULLER & SCHWARTZ
ATrORNEYS AT LAW
MAY 3
DAVID J. MYLER. P.C,
SANDRA M. STULLER, P.C.
ALAN E, SCHWARTZ
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, 106 S. MlLL STREET. SUITE 20:;
'..,,-..,--ASf>E;J~,-e0b0R:Af>e''81'6'l'I'
(303) 920-1018
FAX 920-4259
May 2, 1994
Kim Johnson
Aspen/Pitkin County Planning Office
130 South Galena
Aspen, CO 81611
RE: Application to Extend Vested Rights for
Music Associates of Aspen. Inc.
Dear Kim:
On behalf of the Music Associates of Aspen, Inc. (nMAAn) , and
further to our conversation of last week regarding the above-
referenced land use application, enclosed please find MAA's check
in the amount of $978.00 to cover the costs of a one-step
application, together with an executed copy of your standard form
fee agreement.
With respect to your inquiry regarding the length of extension
being sought, we would respectfully request five (5) additional
years. Despite the overwhelming success of our Meadows Capital
Campaign, it would be a tremendous financial burden for us to
commit to completing the balance of the improvements that were
approved in 1991 any sooner than 1999. We believe that our track
record -- particularly as reflected in the successful completion of
the Harris Concert Hall to unanimous praise -- entitles us to your
indulgence in this matter. We like to think that we have earned
your continued trust, and appreciate your thoughtful consideration
of this request.
Very truly yours,
MUSW ASiC';ES OF ASPEN, >NC.
BY:' / [
{AI E. Schwartz
Trustee and General Counsel
AES:caw
Enclosures
cc: Robert Harth
maa\johnson.ltr
~R-14-1994 10:03 FROM ASPEN/PITKIN BLDG DEPT
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TO
9-9204259 P.07
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5. Therefore, APPLICANT agrees that in consideration of the CITY's
waiver of its right to collect full fees prior to a determination of app. lic1~~ ",
completeness, APPLICANT shall pay an initial deposit in the amount of $
which is for hours of Planning Office time; and if actual recorded costs
exceed the initial deposit, APPLICANT shall pay .additional monthly billings to
CITY to reimburse the CITY for the processing of ~e application mentioned
above, including post approval review. Such periodic payments shall be made
within 30 days of the billing date. APPLICANT further agrees that failure to pay
such accrued costs shall be grounds for suspension of processing.
CITY OF ASPEN
APPLICANT
Date:
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BY:~ Jn~
Diane Moore
City Planning Director
2
TOTI'IL P.07