HomeMy WebLinkAboutordinance.council.039-96
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ORDINANCE NO. 39
(SERIES OF 1996)
AN ORDINANCE OF TIlE ASPEN CITY COUNCIL GRANTING A SIX MONTH EXTENSION
OF TIlE 1993 LODGE GMQS ALLOTMENT AND VESTED RIGHTS GRANTED BY
ORDINANCE NO.3, SERIES OF 1993, AND EXTENDED BY ORDINANCE NO. 51, SERIES OF
1994, AND EXTENDED BY ORDINANCE NO. 15, SERIES OF 1995, AND EXTENDED BY
ORDINANCE NO. 16, SERIES OF 1996 FOR TIlE BELL MOUNTAIN WDGE
REDEVELOPMENT, 720 EAST COOPER A VENUE CITY OF ASPEN, 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 (6) 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 Mouniain Lodge at 720 East Cooper
A venue; and
WHEREAS, the development allotments expire on the day after the third anniversary of the date
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the GMQS allocations, or other development approvals, have been awarded; and
WHEREAS, Council has granted three (3) prior six-month extensions which extended the GMQS
allocation and vested rights to August 22, 1997; 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, on July 12, 1993, to coincide with the GMQS allocation
extension; and
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Exhibit B
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WHEREAS, the Planning Office, having reviewed the application recommends approval of
f' another 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 ITORDAlNED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1:
Pursuant to Section 26.100.100 of the 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 No. 51, Series of 1994, Ordinance No. 15, Series of 1995, and Ordinance No. 16,
Series of 1996, for the Bell Mountain Lodge at 720 East Cooper A venue beginning August 22, 1997 and
ending February 22, 1998. .
Section 2:
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Pursuant to Section 26.52.080 of the 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 East Cooper Avenue as approved by Ordinance 37, Series of 1993, to February 22,
1998, with the following conditions:
1. Extension of vested rights shall be for six (6) months from August 22. 1997 to February 22.1998.
2. Rights granted by the site specific development plan approved by this Ordinance shall remain
vested fora total offive (5) years from February 22, 1993, which was retroactively approved by
Ordinance No. 37, Series of 1993, adopted on July 12, 1993. However, any failure to abide by the
tenns and conditions attendant to this approval shall resUlt in forfeiture of said vested 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,
regtilation~ 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
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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
mecl\anical 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.
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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 ordinanc~s.
Section 6:
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A pub'lic hearing on the Ordinance shall be held on the LL.. day of /Va /J. ,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 Council of the
City of Aspen on the j 5
day of tJ fA-
.1996.
. JOhnl:::MaY~!~(
. ATI>Sf'~ ~~
',:,Katln:yn.S. ~ , City Clerk, .
. FINALLY, adopted, passed and approved this / / day of .A/t7lJ .
,1996. .
ATrF.S1!~ Jd~
' Ka~:5'''~' City Clerk' .
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John Beet!, Mayor '
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