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HomeMy WebLinkAboutordinance.council.012-97 ORDINANCE 12 (SERIES OF 1997) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH EXTENSION OF THE 1993 LODGE GMQS ALLOTMENT AND VESTED RIGHTS GRANTED BY ORDINANCE NO.3, SERIES OF 1993, AND EXTENDED BY ORDINANCE NO. 51, SERIES OF 1994, ORDINANCE NO. 15, SERIES OF 1995, ORDINANCE 16, SERIES OF 1996 AND ORDINANCE 39, SERIES OF 1996 FOR BELL MOUNTAIN LODGE REDEVELOPMENT, 720 E. COOPER AVENUE, 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 February 22.1993, City Council adopted Ordinance No.3, Series of 1993, which approved a GMQS allocation for the redevelopment of the Bell Mountain Lodge at 720 E. Cooper Avenue; 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 four (4) prior six-month extensions which extended the GMQS allocation and vested rights to February 22, 1998; 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 1993 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, to coincide with the GMQS allocation extension; and Ordinance No. 26, Series of 1996 Page 2 WHEREAS, the Community Development Department, having reviewed the application recommends approval of a six (6) month extension of the GMQS allotment approved in Ordinance 3, Series of 1993, and the vested rights extension; and WHEREAS, the Aspen City Council, having considered the Community Development Department'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 26.100.100 of the Aspen Municipal Code, City Council does hereby grant the applicant another six (6) month extension of the 1993 Lodge GMQS allocation approved by Ordinance 3, Series of 1993, extended by Ordinance 51, Series of 1994, Ordinance 15, Series of 1995, Ordinance 16, Series of 1996, and Ordinance 39, Series of 1996 for the Bell Mountain Lodge at 720 E. Cooper Avenue beginning February 22, 1998 and ending August 22, 1998. Section 2: Pursuant to Section 26.52.080 ofthe Aspen Municipal Code and c.R.S. 24-68-104(2), City Council does hereby grant the applicant an extension of vested rights status for the site specific development plan for the Bell Mountain Lodge at 720 E. Cooper Avenue as approved by Ordinance 37, Series of 1993, to August 22, 1998, with the following conditions: 1. The extension of vested rights shall be for six (6) months from February 22, 1998 to August 22, 1998. 2. Land use application fees associated with the extension of vested rights through Ordinance 12, Series of 1997 are hereby waived. 3. 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 (5) years and 180 days from February 22, 1993, which was retroactively approved by Ordinance 37, Series of 1993, adopted on 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. Ordinance No. 26, Series of 1996 Page 3 4. The approval granted hereby shall be subject to all rights of referendum and judicial review. 5. 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 of the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 6. 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 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. 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 28th day of April, 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 once in a newspaper of general circulation within the City of Aspen. Ordinance No. 26, Series of 1996 Page 4 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 24th day of March, 1997. ~,~=~ ATTEST: FINALLY, adopted, passed and approved this~ day of ~ __ ,1997. JOhnt:::.J:~ ATTEST: