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ORDINANCE =II -'/4-
(Series of 1987)
AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING SECTION 24-
11.7 (a) OF THE MUNICIPAL CODE WITH RESPECT TO GROWTH MANAGEMENT
QUOTA SYSTEM EXPIRATION PROVISIONS
WHEREAS, the 1010 ute Avenue Corporation (hereinafter "the
Applicant") did submit a privately initiated Code Amendment with
respect to the expiration provisions of the Growth Management
Quota system; and
WHEREAS, the Applicant did request that the expiration
provisions be amended such that once a plat is filed for a
subdivision composed of single-family and duplex lots, its
allotments would never expire; and
WHEREAS, on August 27, 1987 the Governor of the state of
Colorado did sign into law S. B. 219, with respect to vested
property rights; and
WHEREAS, S.B. 219 requires that the City identify the point
at which "vesting" of a development right occurs through approval
of a "site specific development plan", from which time the
developer has three years to pursue a proj ect ' s construction
before its development rights expire; and
WHEREAS, the Aspen Planning and Zoning commission (herein-
after "The Commission") did hold a public hearing on the Appli-
cant's request on september 8, 1987, which was continued to
september 22, 1987, in order to develop legislation which would
take into account the issues raised by the Applicant in the
context of the legal obI igations of the City pursuant to S. B.
219; and
WHEREAS, the Commission did recommend amendments to section
24-11.7(a) of the Municipal Code to the Aspen city council at its
regular meeting on September 22; and
WHEREAS, the Aspen City Council, having considered the
recommendations of the Commission, desires to amend section 24-
11.7(a) of the Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO;
Section 1
That Section 24-11. 7 (a) of the Municipal Code be repealed
and re-enacted to read as follows:
Sec. 24-11.7 Expiration and amendment of allotments
(a) Developments which have been awarded allotments under the
provisions of this growth management quota system shall be
considered to have complied with the requirements of approval of
a site specific development plan, as defined herein, on the date
of award of the allotment by City Council, or on the date of
approval of the project's final sUbdivision/PUD/SPA or other
development approval, whichever is the latest date. Development
allotments and all other development approvals shall expire on
the day after the third anniversary of this date, unless a
building permi t is obtained and the proj ect is developed, or
unless an exemption from or extension of the approval is obtain-
ed, as provided for below.
(1) Subdivisions composed of single family and/or duplex
units shall be eligible for exemption from these expiration
provisions. To obtain an exemption, an application for exemption
shall be submitted at any time 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:
(aa) 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
(bb) any public or private improvements which were
required to be installed by the applicant prior to construction
of any dwelling unit have been installed; and
2
(2) Developments of any type other than a subdivision
composed of single family and/or duplex units shall be eligible
for extension of these expiration provisions. To obtain an
extension, an application for extension shall be submitted prior
to the third anniversary of the date of approval of a site
specific development plan which shall demonstrate to the satis-
faction of City Council that:
(aa) 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
(bb) any improvements which were required to be
installed by the applicant prior to construction of the project
have been installed; and
(cc) the project has been diligently pursued in all
reasonable respects, and the extension is in the best interests
of the community.
(3) An exemption from these expiration provisions which is
granted to a project shall have no time limit. An extension of
these expiration provisions which is granted to a project shall
be for a period not to exceed six (6) months. Addi tional
extensions shall require repetition of the extension procedures.
section 2
A public hearing on the Ordinance shall be held on the
day of
1987, at 5:00 P.M. in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days
prior to which hearing notice of the same shall be published once
in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the
day of
, 1987.
~.~A
william L. Stirling, Mayor
ATTEST:
KathrYn S. Koch, City Clerk
3
FINALLY adopted, passed and approved this =1-3~
n~t...lAJ, 1987.
~.~~.
William L. Stirling, May
ATTEST:
/~2 yj~ ,
KathrYn Koch, City Clerk
ar.ord24
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