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ORDINANCE NO.31
(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
ASPEN INSTITUTE AT LOT 1-A OF THE ASPEN MEADOWS SUBDIVISION
WHEREAS, the Aspen city Council adopted Ordinance No. 14,
series of 1991 for the approval the Aspen Institute's development
of 50 new lodge rooms, a parking garage, renovation and expansion
of the health club, and renovation of the restaurant building by
approval of the Aspen Meadows Final SPA Development Plan ("Plan");
and
WHEREAS, Vested Rights for the Aspen Meadows was also granted
within the Plan for a period of three years, effective through June
21, 1994; and
WHEREAS, the Aspen Institute has completed over 90% of the
projects approved by Ordinance No.14, but were unable to complete
lodge building number 3 to contain twelve lodge rooms
prior to the expiration of vested rights due to fund raising
constraints; and
WHEREAS, the Aspen Institute submitted a request to the
Planning Office on April 26, 1994, for an additional three years
of vested rights to extend from June 21, 1994, to June 21, 1997,
for the remaining development of lodge building number 3; 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.
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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 Aspen
Institute 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 21, 1994 to June 21, 1997, subject to the condition set
forth at Section 2 below. Failure to abide by any of the terms and
conditions in Section 2 within 45 days or the conditions attendant
to the original 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: That 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,
electrical and mechanical codes, unless an exemption therefrom is
granted in writing.
Section 3: 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 4:
A public hearing on the Ordinance shall be held on the
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_ day of
1994 at 5:00 P.M. in the city council
Chambers, Aspen city Hall, Aspen Colorado, fifteen (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 c1=r
day of
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, 1994.
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Joh Bennett, Mayor
FINALLY, adopted,
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passed and approved this ~~
day of
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John Bennett, Mayor
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