HomeMy WebLinkAboutordinance.council.015-95
A."
\".
%t, "
h~,
~.'
~.' .
\\~'"
Ie,
'\,
',,;,-
3B:l.I~)') B....,I E\;":
UIL,VIn DnVI~::
P-35B 05/3:1./95 12=4BP PG:I. OF 4
PITKIN COUNTY CLERK & RECORDER
F~EC
E~IZjn eJ(?'1
DOC
1\
ORDINANCE 15
(SERIES OF 1995)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH
EXTENSION OF THE 1992 LODGE GMQS ALLOTMENT GRANTED BY ORDINANCE 3,
SERIES OF 1993, AND A VESTED RIGHTS EXTENSION FOR THE BELL MOUNTAIN
LODGE REDEVELOPMENT, 720 EAST COOPER AVENUE, ASPEN 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; and
WHEREAS, on February 22, 1993, City Council approved a GMQS
allocation for the redevelopment of the Bell Mountain Lodge at 720
East cooper Avenue; 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, Council has granted one, six month extension which
extended the GMQS allocation to August 22, 1996; and
WHEREAS, the applicant, Bell Mountain Limited Liability
Company, has requested another six (6) month extension of the GMQS
allocation in order to continue working with the City to develop
the Independence Place project without losing the ability to
utilize the 1992 GMQS allocation if the project is not realized;
and
WHEREAS, the applicant also requests an extension of vested
rights status, which was granted retroactively by Ordinance 37,
series of 1993, on July 12, 1993, to coincide with the GMQS
allocation extension; and
WHEREAS, the Planning Office, having reviewed the application
1
~
'\"
.'
~,
".\".
~.'
'$1",-",
31.:31199
8-782 P-359 05/31/95 12~48P PG 2
OF' i,.
recommends approval of a six (6) month extension of the GMQS
allotments approved in Ordinance 3, Series of 1993 and the vested
rights extension; and
WHEREAS, the Aspen city council having considered the Planning
Office's recommendation for the GMQS extension does wish to grant
another extension for six (6) months and extend vested rights
status to coincide with the GMQS extension.
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 another six (6) month extension of
the 1992 lodge GMQS allocation approved by Ordinance 3, Series of
1993, for 720 East Cooper Avenue beginning August 22, 1996 and
ending February 22, 1997.
section 2:
Pursuant to section 24-6-207 of the Municipal code, City council,
does hereby grant the applicant an extension of vested rights
status for the site specific development plan for 720 East Cooper
Avenue approved by ordinance 37, Series of 1993, to February 22,
1997 with the following conditions:
1. The extension of vested rights shall be for approximately one
year to February 22, 1997.
2. The rights granted by the site specific development plan
approved by this Ordinance shall remain vested for a total of
four years February 22, 1993, which was retroactively approved
by Ordinance No. 37, Series of 1993 published July 12, 1993.
However, any failure to abide by the terms and conditions
attendant to this approval shall result in forfeiture of said
vested property rights.
3. The approval granted hereby shall be subject to all rights of
referendum and judicial review.
4.
Nothing in the approvals provided in this Ordinance shall
exempt the site specific development plan from subsequent
reviews and or approvals required by this Ordinance or the
general rules, regulations or ordinances or the city provided
2
I'~.
.
11.......
~,:
\l~
e:
"
"
;:;f:.i:!. 7(1(~)
8-782 P-360 05/31/95 12~48P PG ~
OF' L,.
that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
5.
The establishment herein 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 developer shall abide by any and
all such building, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in writing.
section 3:
The city Clerk shall cause notice of this Ordinance to be published
in a newspaper of general circulations within the city of Aspen no
later than fourteen (14) days following final adoption hereof.
Such notice shall be given in the following form:
Notice is hereby given to the general public of the approval
of a site specific development plan, and'the creation of a
vested property right pursuant to Title 24, Article 68,
Colorado Revised statutes, pertaining to the following-
described property:
"720 East Cooper, Lots K-P & West 20.73' of Lot Q, Block 105"
The property shall be described in the notice and appended to said
notice shall be the ordinance granting such approval.
section 4:
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 5:
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 6:
A public hearing on the Ordinance shall be held on the/O
day of ti-t/~, 1995 at 5:00 P.M. in the city Council Chambers, Aspen
city Hatl, Aspen Colorado, fifteen (15) days prior to which hearing
3
~
~
~."
,
'<
~,.',
,I..,
-
30:1.799
8-782 P-361 05/31/95 12~48P PG 4
OF' ""
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
j n 7 (j/f-ziv.-
/3
Q.4 ~ -1-,,-
!?7~
John'Bennett, Mayor
City council of the City of Aspen on the
day of
, 1995.
FINALLY, adopted,
"
!4~) , 1995.
,
passed and approved this
10
day of
~ f.,~~~
John ennett, Mayor
ATTEST:
Kathryn S,~KOCh, City Clerk
4