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HomeMy WebLinkAboutordinance.council.027-97 AN ORDINANCE OF THE ASPEN CITY COUNCIL DENYING A SIX MONTH EXTENSION OF THE VESTED IUGHTS 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 6, SERIES OF 1996, ORDINANCE 26, SERIES OF 1996, AND ORDINANCE 4, SERIES OF 1997 FOR THE RESIDENTIAL DEVELOPMENT APPROV ALS ON LOT 5 OF THE ASPEN MEADOWS SPECIALLY PLANNED AREA, CITY OF ASPEN, PITKIN coUNTY, COLORADO. ORDINANCE #27 (SERIES OF 1997) WHEREAS, pursuant to Section 26.52.080 of the Aspen Municipal Code, City Council may grant an extension of vested rights up to three years 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 WHEREAS, the vested rights expire on the day after the third anniversary of the date the development approvals have been awarded; and WHEREAS, Council bas granted six (6) prior six-month extensions which extended the vested rights to June 19, 1997; 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 vested rights; and WHEREAS, the Community Development Department, having reviewed the application recommends denial of a six (6) month extension of the vested rights extension finding that the applicant bas not shown clear reason why an extension is necessary and \hat neW land use regulations have been adopted during the intervening period of time with which future development on the site should be in compliance; and Ordinance No. 26, Series of 1996 Page 2 WHEREAS, the Aspen City Council, having considered the community Development Department's recommendation does wish to deny another extension of vested rights statuS. NOW, THEREFORE, BE IT ORDAlNED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: ~ction 1: j>orSuant to Section 26.52.080 of the Aspen Municipal Code, City Council does hereby deny the applicant another six (6) month extension of the vested rights approved by Ordiuance 14, Series of 1991, extended by Ordinances 22, Serles of 1994, No. 10, Serles of 1995, No. 38, Serles of 1995, No.6, Series of 1996, No. 26, Series of 1996, and No.4, Serles of 1997, for Lot 5 of the Aspen Meadows Specially Planned area. Section 2.:. The City Clerk sball 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. 5.eetion 3-.:. 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 sball not affect the validity of the reroainiJlg portions thereof. Section 4.:. This Ordinance sball not affect any existing litigation and shall not operate as an abatement of any action or proceedinll now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall he conducted and concluded under such prior ordinances. Section 5: A public hearing on the Ordinance shall be held on the _ day of August, 1997 at 5:00 p.M. in the City Council Cbatnbers, 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. Ordinance No. 26, Series of 1996 Page 3 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by 1110 City Council of the City of Aspen on the 14th day of July, 1997. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this _ day of AU~ 1997, Q~' " \;\ John Bennett, Mayor l0 ' l-;J ATTEST: