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PITKIN COUNTY CLERK & RECORDER
ORDINANCE 38
(SERIES OF 1995)
REC
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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, AND AGAIN BY ORDINANCE NO. 10,
SERIES OF 1995, FOR THREE TOWNHOMES ON LOT 5 AND SEVEN TOWNHOMES
ON LOT 6 OF THE ASPEN MEADOWS SUBDIVISION, CITY OF ASPEN, PIT~IN
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 adopted Ordinance No.
14, Series of 1991, which approved the Aspen Meadows Specially
Planned Area Final Development Plan and included residential GMQS
allocations; and
WHEREAS, the GMQS development allotmen.ts included the
construction of 10 townhomes on two parcels, Lots 5 and 6; and
WHEREAS, the 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 two prior six-month extensions
which extended the GMQS allocation and vested rights to June 19,
1995; and
WHEREAS, the applicant, Savanah Limited Partnership, has
requested another six (6) month extension of the GMQS allocations
for Lots 5 and 6 of the Aspen Meadows Subdivision; and
WHEREAS, the applicant also requests an extension of vested
rights status, to coincide with the GMQS allocation extension; and
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WHEREAS, the Planning Office, having reviewed the application
recommends approval of a six (6) month extension of the GMQS
allotments and vested rights approved in Ordinance 14, Series of
1991; 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 finding that the Aspen Institute requires more time
to finalize purchase of Lot 5 without jeopardizing the option
contract, Savanah requests to re-examine the affordable housing
mitigation requirement which has increased significantly since the
1991 approval, and avoiding campus disruption as a result of summer
construction activity is in the best interest of the community.
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 1990 Residential GMQS allocation approved by Ordinance 14,
Series of 1991, and extended by Ordinance No. 22, Series of 1994
and No. 10, Series of 1995, for Lots 5 and 6 of the Aspen Meadows
Subdivision beginning June 19, 1995, and ending December 19, 1995
with the following conditions:
1. The applicant shall review, with the Parks Department, the
landscape plan that was approved with the Meadows SPA development
plan and confirm that the plan is in compliance. If the Plan is
not in compliance, the applicant shall correct all deficiencies'by
September 29, 1995. Failure to comply with this condition shall
render this extension invalid.
2. The applicant shall excavate the pedestrian/bike trail to the
top of the slope on Lot 6, as required in the insubstantial
amendment to the Aspen Meadows Lots 5 and 6, to be completed by
October 31, 1995.
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3. The applicant shall replace the non-functioning trail lights
along old Meadows Road by September 29, 1995.
4. The six (6) month extension shall begin at the date . of
expiration of the previous 6 month extension which is June 19, 1995
and expire on December 19, 1995.
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 Lots 5 and 60f
the Aspen Meadows Subdivision as approved by Ordinance 14, Series
of 1991 and amended by Planning Office memo dated March 16, 1995,
with the following conditions:
1. The extension of vested rights shall be for six months to
December 19, 1995.
2. The rights granted by the site specific development plan
approved by this Ordinance and the insubs'tantial amendment
shall remain vested for a total of four years and six months
from June 20, 1991, which was approved by Ordinance No. 14,
Series and insubstantially amended. However, any failure to
abide by the terms and conditions attendant to this approval
shall result in forfeiture of said vested property rights.
The approval granted hereby shall be subject to all rights of
referendum and judicial review.
3 .
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
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 publis~ed
in a newspaper of general circulations within the city of Aspen no
later than fourteen (14) days following final adoption hereof.
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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
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
Ca:;:Cil of
ui..-f'
the City of Aspen on the
;-1
day of
, 1995.
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JohBennett, Mayor
ATTEST:
~,,~IN~~LY, adopted,
~1995.
approved this c;((f
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John Bennett, Mayor
day of
passed and
city Clerk
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