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HomeMy WebLinkAboutordinance.council.004-97 ORDINANCE #4 (SERIES OF 1997) 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, ORDINANCE NO. 10, SERIES OF 1995, ORDINANCE 38, SERIES OF 1995, ORDINANCE NO. 6, SERIES OF 1996, AND ORDINANCE NO. 26, SERIES OF 1996, FOR THREE NEW TOWNHOMES AND THE ASSOCIATED RESIDENTIAL DEVELOPMENT APPROVALS ON LOT 5 OF THE ASPEN MEADOWS SPECIALLY PLANNED AREA, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, pursuant to Section 26.100.100 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 allotments included the construction of three new townhomes Lot 5; 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 five prior six-month extensions which extended the GMQS allocation and vested rights to December 19, 1996; and WHEREAS, the applicants, the Aspen Institute and the Trustee Townhomes At-The-Aspen Meadows Condominium Association, have requested another six (6) month extension of the GMQS allocations for Lot 5 of the Aspen Meadows Specially Planned Area; and Ordinance No. 26, Series of 1996 Page 2 WHEREAS, the applicant also requests an extension of vested rights status, to coincide with the GMQS allocation extension; and WHEREAS, the Community Development Department, 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 Cormmmity Development Department's recommendation for the GMQS extension, does wish to grant another extension for six (6) months and extend vested rights status, finding that the delay caused by the Institute's inability to purchase Lot 5 until the lot was released from litigation prevented commencement of construction, and that the applicant has diligently pursued the project's completion in all reasonable respects, and the extension is in the best interests of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Pursuant to Section 26.100.100 of the Aspen 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, extended by Ordinances No. 22, Series of 1994, No. 10, Series of 1995, No. 38, Series of 1995, No. 6, Series of 1996, and No. 26, Series of 1996, for Lot 5 of the Aspen Meadows Specially Planned Area beginning December 19, 1996, and ending June 19, 1997 with the following conditions: 1. The applicant shall plant approximately 15-20 more trees along Meadows Road, consistent with the approved landscape plan. This shall be completed by October 15, 1997. In addition, the applicant is responsible for the relocation of several Aspen trees that have been planted in the trail easement by October 15, 1997. 2. The six (6) month extension shall begin at the date of expiration of the previous 6 month extension which is December 19, 1996 and expire on June 19, 1997. Ordinance No. 26, Series of 1996 Page 3 Section 2: Pursuant to Section 26.100.100 of the Aspen Municipal Code, City Council does hereby grant the applicant an extension of vested rights status for the site specific development plan for Lot 5 of the Aspen Meadows Specially Planned Area as approved by Ordinance 14, Series of 1991 and insubstantially 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 June 19, 1997. 2. The rights granted by the site specific development plan approved by this Ordinance and the insubstantial amendment shall remain vested for a period of five years and 363 days from June 21, 1991. 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 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 wTiting. Section 3: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation within the City of Aspen no later than fourteen (14) days following final adoption hereof. 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. Ordinance No. 26, Series of 1996 Page 4 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 10th day of February, 1997 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 27th day of January, 1997. Johfl Bennett, Mayor ATTEST: Kathryn S. ~/o~:h, City Clerk FINALLY, adopted, passed and approved this 10th day of February, 1997. Mayor ATTEST: K~ity Clerk