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Home My WebLink Aboutcoa.lu.gm.720 E Cooper Ave.A28-93 , CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 05/04/93 DATE COMPLETE: .s- I'V f PROJECT NAME: Bell Mountain Lodae Project Address: 720 E. Cooper Legal Address: Lots K.L.M.N.O.P&W.20.66ft of O. PARCEL ID AND CASE 2737-182-27-003 STAFF MEMBER: Vested Riahts NO. A28-93 KJ Block 105 APPLICANT: Bell Mountain Lodae Applicant Address: REPRESENTATIVE: Mick Ireland Representative Address/Phone: Limited Liabilitv Co. 600 E. Hopkins. suite 203 Aspen. CO 81611 925-2612 ;;;~7=;~~~~~~======$=q~~=======#=~;;~=;;~;~~;;====~======= ENGINEER $ __. # PLATS RECEIVED HOUSING $ ~/ ENV. HEALTH $__ TOTAL $ l('-I1..- TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: 2 STEP: CC Meeting Date ~ PUBLIC \st VESTED (p/;~ V PUBLIC I --r /1/ vIJP VESTED 7 HEARING: RIGHTS: YES YES NO NO ,~(~'J~) "'No P&Z Meeting Date HEARING: RIGHTS: YES YES DRC Meeting Date ===========~===7=============================================== REFERRALS: l\l()I1~ City Attorney City Engineer Housing Dir. Aspen Water City Electric Envir.Hlth. zoning Parks Dept. Bldg Inspector Fire Marshal Holy Cross Mtn. Bell ACSD Energy Center School District Rocky Mtn NatGas CDOT Clean Air Board Open Space Board Other Other DATE REFERRED: INITIALS: DUE: ===========================================~Gt917============= FINAL ROUTING: ~ tt-l ~ ~ DATE ROUTED: INITIAL: ~ ___ city Atty ___ City Engineer ___Zoning ___Env. Health ___ Housing ___ Open Space Other: FILE STATUS AND LOCATION: ......." MEMORANDUM ~/U~(J Direct@ TO: Mayor and council THRU: Amy Margerum, City Manager Diane Moore, city Planning THRU: FROM: Kim Johnson, Planner DATE: July 12, 1993 RE: Bell Mountain Lodge Redevelopment Vested Rights - Second Reading of Ordinance 37, Series 1993 SUMMARY: The Planning Office recommends approval of the request for vested rights for the approved redevelopment of this property. The Bell Mountain Lodge project was granted a growth management allocation for 22 new lodge units on February 22, 1993 and now seeks vested rights to protect the project from changes to the land use regulations for a period of three years from original approval. PREVIOUS COUNCIL ACTION: The Bell Mountain Lodge redevelopment was approved by City Council by adoption of Ordinance 3 on February 22, 1993. First reading of this vested rights ordinance occurred on June 14, 1993. CURRENT ISSUES: section 24-6-207 dictates the process and ordinance language requirements for establishing vested rights for three years. Ordinance 37 contains the required text. Three years is the vested rights period also established by state regulations. The vested rights period shall run from February 22, 1993 through February 22, 1996. FINANCIAL IMPLICATIONS: There are no costs to the city associated with approval of vested rights for three years. RECOMMENDATION: The Planning Office recommends approval of vested rights for the Bell Mountain Lodge project. ALTERNATIVES: Vested rights approval for three years is not a discretionary action by City Council. PROPOSED MOTION: "I move to have second reading of Ordinance 37, Series 1993 for the approval of vested rights for three years for the development plan/GMP allocation at the Bell Mountain Lodge." CITY MANAGER COMMENTS: Ordinance 37, Series 1993 ",,~..".... ORDINANCE NO.37 (SERIES OF 1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, VESTING THE DEVELOPMENT RIGHTS FOR THE BELL MOUNTAIN LODGE SITE SPECIFIC DEVELOPMENT PLAN APPROVAL LOCATED AT 720 E. COOPER AVENUE (LOTS K-P AND PART OF LOT Q, BLOCK 105, TOWNSITE OF ASPEN) WHEREAS, on February 22, 1993 the City Council granted approval of Ordinance 3, Series 1993 for a 22 lodge unit growth management allocation, multi-year growth management allocation, and growth management exemption for deed restricted employee housing for the re-development of the Bell Mountain Lodge; and WHEREAS, a request for Vested Rights for the development approval was submitted to the Planning Office on behalf of the Bell Mountain Lodge Limited Liability Co. by project representative Michael c. Ireland; and WHEREAS, pursuant to Section 24-6-207 of the Aspen Municipal Code the City Council may grant Vesting of Development Rights for a period of three years from the date of final approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Pursuant to Section 24-6-207 of the Municipal Code, city council does hereby grant the applicant vested rights for the Bell Mountain Lodge site specific development plan as follows: 1. The rights granted by the site specific development plan approved by this Ordinance shall remain vested until February 22, 1996. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely 1 - and properly record all plats and agreements as specified herein and or in the Municipal Code shall also result in the forfeiture of said vested rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review. 3. 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. 4. 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 2: The city Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulations within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a 2 vested property right pursuant to Title 24, Article 68, Colorado Revised statutes, pertaining to the following- described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. section 3: A public hearing on the Ordinance shall be held on the day of , 1993 at 5:00 P.M. in the city council Chambers, Aspen city Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be published 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 day of , 1993. John Bennett, Mayor ATTEST: . Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this , 1993. day of John Bennett, Mayor ATTEST: Kathryn S. Koch, city Clerk 3 ~;"., ~- ."".,~. , ~' "~'~"<r....'"", ...'W"'"-:-:~~, ""'i"ft. .~~.~~?t1!:.' '".. -63250-134 -63270-136 -63280-137 -63300-139 -63310-140 -63320-141 -63330-150 -63432-157 -63432-157 -00100-00000-31070 HISTORIC PRESERVATION: -63335-151 -63336-152 -63337-153 -63338-154 -63339-155 COUNTY: -63160-126 -63170-127 -63180-128 -63190-129 -63200-130 -63210-131 -63220-132 -63230-133 -63240-149 -63450-146 -63235-148 REFERRAL FEES: -63360-143 -63340-163 -63340-190 -63340-205 00115 00123 00125 PLANNING OFFICE SALES: -63080-122 -69000-145 GMP/Conceptual GMP/Final SUB/Conceptual SUB/Rnal AII-2 Step Applications AliI Step Applications Staff Approval Zoning Plan Check Sign Perm~ Use Tax for Sign Permits Exemption Minor Major Devel. Sign~. Devel. Demolition GMP/General GMP/Detailed GMP/Final SUB/General SUB/Detailed SUB/Rnal All 2 Step Applications All 1 Step Applications Staff Approval Board of Adjustment Zoning Plan Check Engineering - County Engineering - City Housing Environmental Heatth County Code Other (Copy Fees) TOTAL , ,./ j .AJ g2/1il/ ~L~i Name: ''7Yl1'~'' Address: 60 /) t{ /lJ~ / ,"/ Check#: 7/ ~- ~- . Dale: Phone: Project: & /' Jl 111Zr. :frdr.: -1 ? '3- 9 3 . / - / . ~ / -/ / No of Copies: " C(.L/d (JO , , " Cft/P(j{)