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Home My WebLink Aboutordinance.council.010-95 f....... . \'\, . , ..' .~.. , " ;.~._.. \1i ';'<:',<, ORDINANCE 10 (SERIES OF 1995) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH EXTENSION OF THE 1990 RESIDENTIAL GMQS ALLOTMENTS AND VESTED RIGHTS GRANTED BY ORDINANCE NO.14, SERIES OF 1991 AND EXTENDED BY ORDINANCE NO.22, SERIES OF 1994, FOR THREE TOWNHOMES ON LOT 5 AND SEVEN TOWNHOMES ON LOT 6 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 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 virtue of 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, 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 RMF zone district open space requirements, and waiver of the 6 month minimum 1 e . ~."" . :t\'1,-, .',' ~ t"" 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 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, on April 19, 1994, Savanah Limited Partnership requested six month extensions of the GMQS allocation and vested rights in order to 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, upon consideration of this request pursuant to section 24-8-108, the City Council did approve Ordinance 22, Series of 1994, granting a six month extension of GMQS allocation and vested rights for the mUlti-family units on Lots 5 and 6, and an exemption from expiration of development rights for the single family homes on Lots 7 through 10; and WHEREAS, Savanah Limited Partnership had not commenced their projects vested by Ordinance No. 22, Series 1994 prior to the expiration of vested rights due to late discovery of issues 2 ~.;.. \< w.r " \,~, . regarding a drainage easement on Lot 6 and retaining walls and trail impacts on Lot 5 as well as the desire to not disrupt the Aspen Institute I s facilities and programs or the rental of the existing townhomes for Institute participants by construction activities; and WHEREAS, on December 14, 1994, Savanah Limited Partnership submitted an application requesting an additional six month extension of the GMQS allocation and vested rights in order to resolve final construction details and commence construction of the ten approved townhomes on Lots 5 and 6 of the Aspen Meadows Subdivision; and WHEREAS, the Planning Office, having reviewed the application recommends approval of an additional six month extension of the GMQS allotments and vested rights for the townhomes; and WHEREAS, the Aspen City council having considered the Planning Office's recommendation for the additional residential GMQS and vested rights extension does wish to grant the requested extension for six months beyond the approvals granted in Ordinance No. 14, series of 1991 and Ordinance No.22, Series of 1994, for the multi- family lots at the Aspen Meadows Specially Planned Area development; 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. 3 e ~"i_,,' \.. '.e' fJ' ., '1! . -~ 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 an additional six month extension of the 1990 residential GMQS allocations approved by Ordinance No.14, series of 1991 and Ordinance No. 22, Series of 1994, for 10 mUlti-family units on Lots 5 and 6 of the Aspen Meadows Subdivision beginning December 21, 1994, and ending June 19, 1995. 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 affect 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, and extended by Ordinance No. 22, Series of 1994, for a period of six (6) months from December 21, 1994 through June 19, 1995. However, any failure to abide by any of the terms and conditions attendant to the 4 ~~ ., . ~."., '~,.. .. "1. " 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 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 /~ day Of~, 1995 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 ;n :;:;::,;;e ,:::~ /.!3 day of of Aspen on the John B~tt~fr~ ATTEST: 5 .. .# \ ~... ~~ FINALLY, adopted, ~ 1995. passed and approved this /.:3 6 ~~ John nnet~ Mayor -- day of