HomeMy WebLinkAboutordinance.council.022-94 ORDIN~/NCE 22
(SERIES OF 1994)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH
EXTENSION OF THE 1990 RESIDENTIAL GMQS ALLOTMENTS ~ND VESTED RIGHTS
GR~NTED EY ORDINANCE NO.14, SERIES OF 1991 FOR THREE TOWNHOMESON
LOT 5 AND SEVEN TOWNHOMES ON LOT 6 OF THE ASPEN MEADOWS
SUBDIVISION, AND FOR EXEMPTION FROM EXPIRATION OF THE GMQS
ALLOTMENTS FOR THE SINGLE FAMILY LOTS ?,8,9 AND 10 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 may grant exemption from expiration of GMQS
allocations for subdivisions of detached residential or duplex
units; and
WHEREAS, on June 10, 1991, City Council approved Ordinance
No.14, Series of 1991, which included residential GMQS allocations
for the development of the Aspen Meadows Specially Planned Area
Final Development Plan; and
WHEREAS, Savanah Limited Partnership was a co-applicant for
the Aspen Meadows SPA Final Development Plan and by virtueiof
Ordinance No.14, Series of 1991, received approval to construct a
total of 10 townhomes on two parcels, Lots 5 and 6; and
WHEREAS, 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, Savanah Limited Partnership has requested six month
extensions of the GMQS allocation and vested rights in orderito
commence construction of the ten approved townhomes on Lots 5 and
6 of the Aspen Meadows Subdivision, and to exempt from expiration
the single family units on Lots 7 through 10 of the Aspen Meadows
Subdivision; and
WHEREAS, the Planning Office, having reviewed the application
recommends approval of a six month extension of the GMQS allotments
and vested rights for the townhomes and for the exemption from
expiration for the four single family lots; and
WHEREAS, the Aspen city Council having considered the Planning
Office's recommendation for the residential GMQS and vested rights
extension and exemption from expiration does wish to grant the
requested extension for six months beyond the approvals granted in
Ordinance No.14, Series of 1991, for the multi-family residences
as well as the requested exemption from expiration for the single
family lots at the Aspen Meadows Specially Planned Area
development.
WHEREAS, Ordinance No. 14, Series of 1991 specified that the
existing townhomes on Lot 5 could be expanded up to 2,500 square
feet, the new northernmost townhome would receive a height
variation for up to 8 feet, a minimum setback variation for
accessory buildings for zero feet, and a waiver of minimum P_MF zone
district open space requirements, and waiver of the 6 month minimum
lease requirements; and
WHEREAS, Ordinance No.14, Series of 1991 specified that the
townhomes on Lot 6 would receive a height variation for up to three
feet in the center of the building, a minimum setback variation for
accessory buildings for zero feet, and a waiver of minimum RMF zone
district open space requirements, and waiver of the 6 month minimum
lease requirements; and
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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, Savanah Limited Partnership had not commenced
their projects approved by Ordinance No. 14 prior to the expiration
of vested rights due to the desire to not disrupt the Aspen
Institute's facilities and programs or the rental of the existing
townhomes for Institute participants by construction activities,
and the need to maintain required parking and construction staging
for the Institute's lodge buildings and parking garage; and
WHEREAS, Section 24-6-207 of the Aspen Municipal Code was
adopted to provide the necessary procedures to implement the
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: Pursuant to Section 24-8-108 of the Municipal Code,
City Council does hereby grant the applicant a six month extension
of the 1990 residential GMQS allocations approved by Ordinance
No.14, Series of 1991, for 10 multi-family units on Lots 5 and 6
of the Aspen Meadows Subdivision beginning June 21, 1994, and
ending December 21, 1994, and does grant exemption from expiration
of the GMQS allocations approved by Ordinance Noo14, Series of
1991, for the single family units on Lots 7,8,9 and 10 of the Aspen
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Meadows Subdivision.
Section 2:. 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 3: This Ordinance shall not effect 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 4: That it does hereby extend Vested Rights for Savanah
Limited Partnership 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
six (6) months from June 21, 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 5: 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
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this regard, as a condition of this site development approval, the
applicant shall abide by any and all such building, fire, plumbing,
electrical and mechanical codes, unless an exemption therefrom is
granted in writing.
Section 6: 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 7: A public hearing on the Ordinance shall be held on the
/3 day of//~, 1994 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 ~ day of
John/Bennett, Mayor
Kathryn S.~och, city Clerk
FINALLY, adopted, passed and approved this /3 day of
1994.
John ~ennett, Mayor
City Clerk
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