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HomeMy WebLinkAboutordinance.council.047-87 ORDINANCE =II -'/4- (Series of 1987) AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING SECTION 24- 11.7 (a) OF THE MUNICIPAL CODE WITH RESPECT TO GROWTH MANAGEMENT QUOTA SYSTEM EXPIRATION PROVISIONS WHEREAS, the 1010 ute Avenue Corporation (hereinafter "the Applicant") did submit a privately initiated Code Amendment with respect to the expiration provisions of the Growth Management Quota system; and WHEREAS, the Applicant did request that the expiration provisions be amended such that once a plat is filed for a subdivision composed of single-family and duplex lots, its allotments would never expire; and WHEREAS, on August 27, 1987 the Governor of the state of Colorado did sign into law S. B. 219, with respect to vested property rights; and WHEREAS, S.B. 219 requires that the City identify the point at which "vesting" of a development right occurs through approval of a "site specific development plan", from which time the developer has three years to pursue a proj ect ' s construction before its development rights expire; and WHEREAS, the Aspen Planning and Zoning commission (herein- after "The Commission") did hold a public hearing on the Appli- cant's request on september 8, 1987, which was continued to september 22, 1987, in order to develop legislation which would take into account the issues raised by the Applicant in the context of the legal obI igations of the City pursuant to S. B. 219; and WHEREAS, the Commission did recommend amendments to section 24-11.7(a) of the Municipal Code to the Aspen city council at its regular meeting on September 22; and WHEREAS, the Aspen City Council, having considered the recommendations of the Commission, desires to amend section 24- 11.7(a) of the Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO; Section 1 That Section 24-11. 7 (a) of the Municipal Code be repealed and re-enacted to read as follows: Sec. 24-11.7 Expiration and amendment of allotments (a) Developments which have been awarded allotments under the provisions of this growth management quota system shall be considered to have complied with the requirements of approval of a site specific development plan, as defined herein, on the date of award of the allotment by City Council, or on the date of approval of the project's final sUbdivision/PUD/SPA or other development approval, whichever is the latest date. Development allotments and all other development approvals shall expire on the day after the third anniversary of this date, unless a building permi t is obtained and the proj ect is developed, or unless an exemption from or extension of the approval is obtain- ed, as provided for below. (1) Subdivisions composed of single family and/or duplex units shall be eligible for exemption from these expiration provisions. To obtain an exemption, an application for exemption shall be submitted at any time prior to the third anniversary of the date of approval of a site specific development plan which shall demonstrate to the satisfaction of City Council that: (aa) those conditions applied to the project at the time of its final approval which were to have been met as of the date of application for exemption have been complied with; and (bb) any public or private improvements which were required to be installed by the applicant prior to construction of any dwelling unit have been installed; and 2 (2) Developments of any type other than a subdivision composed of single family and/or duplex units shall be eligible for extension of these expiration provisions. To obtain an extension, an application for extension shall be submitted prior to the third anniversary of the date of approval of a site specific development plan which shall demonstrate to the satis- faction of City Council that: (aa) those conditions applied to the project at the time of its final approval which were to have been met as of the date of application for exemption have been complied with; and (bb) any improvements which were required to be installed by the applicant prior to construction of the project have been installed; and (cc) the project has been diligently pursued in all reasonable respects, and the extension is in the best interests of the community. (3) An exemption from these expiration provisions which is granted to a project shall have no time limit. An extension of these expiration provisions which is granted to a project shall be for a period not to exceed six (6) months. Addi tional extensions shall require repetition of the extension procedures. section 2 A public hearing on the Ordinance shall be held on the day of 1987, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published once 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 , 1987. ~.~A william L. Stirling, Mayor ATTEST: KathrYn S. Koch, City Clerk 3 FINALLY adopted, passed and approved this =1-3~ n~t...lAJ, 1987. ~.~~. William L. Stirling, May ATTEST: /~2 yj~ , KathrYn Koch, City Clerk ar.ord24 4 day of