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HomeMy WebLinkAboutordinance.council.006-96 a .. . e -- _u ORDINANCE 6 (SERIES OF 1996) 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 EXTENDED BY ORDINANCE NO. 10, SERIES OF 1995, AND EXTENDED BY ORDINANCE 38, SERIES OF 1995 FOR THREE TOWNHOMES ON LOT 5 AND SEVEN TOWNHOMES ON LOT 6 OF THE ASPEN MEADOWS SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, pursuant to Section 24-8-108 of the Aspeu 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 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 three prior six-month extensions which extended the GMQS allocation and vested rights to December 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 1 Ie e e -- -....... WHEREAS, the Planning Office, having reviewed the application recommends approval of a SL" (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 resolve legal issues aud 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 COUNCI1~ OF THE CITY OF ASPEN, COLORADO: Section 1: Pursuant to Section 24-8-108 of the Municipal Code, City Council does hereby graut the applicant another six (6) month extension of the 1990 Residential GMQS allocation approved by Ordinance 14, Series of 1991, extended by Ordinauce No. 22, Series of 1994, No. 10, Series of 1995, and No. 38, Series of 1995 for Lots 5 and 6 of the Aspen Meadows Subdivision beginning December 19, 1995, and ending June 19, 1996 with the following conditions: 1. The applicant shall excavate the pedestrianlbike 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, 1996. 2. The applicant shall eliminate the non-functioning trail lights along old Meadows Road by June 1, 1996. subject to approval by the Pedestrian and Bikeway Committee. 3. The applicant shall plant approximately 15-20 more trees along Meadows Road, consistent with the approved landscape plan. This shall be completed by July I, 1996. In addition, the applicant is responsible for the relocation of several Aspen trees that have beeu planted in the trail easement by July 1, 1996. 4. The six (6) month extension shall begin at the date of expiratiou of the previous 6 month extension which is December 19, 1996 and expire on June 19, 1996. 2 e -- 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 6 of 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 June 19, 1996. 2. The rights granted by the site specific development plan approved by this Ordinance and the insubstantial amendment shall remain vested for a total of five year from June 21, 1991, which was approved by Ordinance No. 14, Series and insubstantially amended. However, any failure to abide by the telms 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 ofreferendum and judicial review. 4. Nothing in the approvals provided in this Ordinance shall exempt the site specific developmentplan 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 preclnde the application of ordinances or regulations which are general in nature and are applicable to all property snbject 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 snch 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 nnder or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. 3 e . - Section 6: .- RIIlIIIIlII H_ A public hearing on the Ordinance shall be held on the 22nd day of January, 1996 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 Conncil of the FINALLY, adopted, passed and approved this ~~6. City of Aspen on the~~ Cr4Ar996. ;; .. day of }i~ eh, City Clerk )~ oeh, City Clerk l-:::n::~ /~ day of ~/~~ Jolin Bennett, Mayor 4