HomeMy WebLinkAboutordinance.council.020-94
-..
i1.
$.It'.
'Q
\.
\\,
'.
4-
'.
ORDINANCE NO. '2.'0
(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
MUSIC ASSOCIATES OF ASPEN ON LOT 2 OF THE ASPEN MEADOWS SUBDIVISION
WHEREAS, the Aspen City Council approved Ordinance No.14,
Series of 1991, for the approval of the Aspen Meadows SPA Final
Development Plan; and
WHEREAS, the Music Associates of Aspen was a co-applicant for
. the Aspen MeadowS SPA Final Development Plan and by virtue of
Ordinance No.14, Series of 1991, received approval to construct a
rehearsal/performance hall, music tent backstage expansion, gift
shop expansion, and parking lot redevelopment; and
WHEREAS,
vested rights for a period of three years was
included in the application submitted to the Planning Office by the
Aspen Meadows co-applicants and was approved as part of the overall
SPA Plan approval; and
WHEREAS, the Music Associates of. Aspen has completed the
majority of their projects approved by Ordinance No.14, but were
unable to complete the 1,500 s.f. of tent backstage expansion or
the 100 s.f. of gift kiosk expansion prior to the expiration of
vested rights due to fund raising constraints; and
WHEREAS, the Music Associates of Aspen submitted to the
Planning Office a request to extend vested rights for the two
projects remaining from the 1991 Aspen Meadows SPA approval for an
additional 3 years; and
WHEREAS, Section 24-6-207 of the Aspen Municipal Code was
adopted to provide the necessary procedures to implement the
1
-
$.....
I'
t,
'(i;
"'"
~-
.,
provisions of Article 68 of Title 24, C.R.S., as amended and
Section 24-68-104 (1), C.R.S., permits the vesting period to be
extended upon the express authorization of City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1: That it does hereby extend Vested Rights for the Music
Associates of Aspen granted by the site specific development plans
approved for the Aspen Meadows SPA Final Development Plan,
established by Ordinance No.14, Series of 1991, for a period of
three (3) years from June 20, 1994. However, any failure to abide
by any of the terms and conditions attendant to the approvals shall
result in the forfeiture of said vested property rights. Failure
to properly record all plats and agreements required to be recorded
by the Land Use Code shall also result in the forfeiture of said
vested property rights.
Section 2:
The extension of vested rights shall be conditioned
upon the completion of the parking area landscaping per the
approved Aspen Meadows SPA Final Development Plan, no later than
October 31, 1994.
Section 3: The establishment of a vested property right shall not
preclude the application of ordinances or regulations which are
general in nature and are applicable to all property subject to
land use regulation by the City of Aspen including, but not limited
to, building, fire, plumbing, electrical and mechanical codes. In
this regard, as a condition of this site development approval, the
applicant shall abide by any and all such building, fire, plumbing,
2
"
~-
I$, ,
'\1,,,,-
lye'"
\+
'>"
It,
g
~t'
I,
~~"
electrical and mechanical codes, unless an exemption therefrom is
granted in writing.
Section 4: 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 5: A public hearing on the Ordinance shall be held on the
/3 day o~, 1994 at 5:00 P.M. in the City Council
Chambers, Aspen City Hall, Aspen Colorado, fift,een (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 c5l.3
~_, ,1994.
day of
Q'& 13p~.:tt--
ennett, Mayor
~ FINALLY, adopted, passed
- ,,~ , 1994.
and approved this /..3 day of
/t& 14~~
./ '
John ennett, Mayor
Kathryn
3