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HomeMy WebLinkAboutordinance.council.035-93 ORDINANCE NO. ~ (Series of 1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING ORDINANCE NO. 20 (SERIES OF 1993) GRANTING A TWO-YEAR EXTENSION OF VESTED RIGHTS FOR THE UTE TRAIL TOWNHOMES DEVELOP- MENT APPROVALS, 1280 UTE AVENUE, ASPEN, COLORADO. WHEREAS, on May 10, 1993, the City Council adopted Ordinance No. 20 (Series of 1993) granting a two-year extension in the vested rights awarded for the development approvals for the Ute Trail Townhomes, 1280 Ute Avenue; and WHEREAS, the extension in the vested rights awarded under Ordinance No. 20 was subject to several conditions, one of which was that all occupied dwelling units on the subject property be vacated by June 15, 1993; and WHEREAS, absent compliance by the applicant with all of the conditions of approval relevant to the previously awarded exten- sion in vested rights the extension shall automatically expire; and WHEREAS, unexpected circumstances beyond the applicant's reasonable control have arisen since the adoption of Ordinance No. 20 which will prevent the vacation of all dwelling units on the subject property by the current deadline of June 15, 1993; and WHEREAS, the City Council finds that it is in the best interest of the public welfare to amend Ordinance No. 20 so as to preserve the vested rights for the affordable housing to be constructed thereon. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 Ordinance No. 20 (Series of 1993), adopted May 10, 1993, be and is hereby amended at Sections 1(2) and 1(3) to read as follows: 2. The third occupied dwelling unit shall be vacated by July 15, 1993. 3. If the tenants have not vacated by June 1 and July 15 of 1993, this extension of vested rights shall expire. Section 2 This ordinance shall not have any effect on existing litiga- tion and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4 A public hearing on the ordinance shall be held on the ~ ~ - day of , 1993, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the C~C?uncil of the City of Aspen on the day of _ , 1993. John S. Bennett, Mayor Kathryn S~Koch, C~ty'Clerk FINALLY adopted, passed and approved this ~ day of ~ , 1993. John /~ Bennett, Mayor ATTEST: -- Kathryn S~ch, City Clerk ~ jc64.2 MEMORANDUM DATE: June 23, 1993 TO: Mayor and City Council FROM: Jed Caswall, city Attorney RE: Sister City Housing Vesting Extension Amendment, Ordi- nance No. 35 (Series of 1993) This matter is back before you for public hearing and final adoption and entails a proposed amendment to the vesting exten- sion ordinance previously passed by the City Council on May 10, 1993, granting a two-year extension in the vested rights for the approved development plans for the Ute Trail Townhomes, 1280 Ute Avenue. Council approved the proposed ordinance on first reading at its meeting on June 140 One of the conditions of approval for the original vesting extension was that the applicant insure that the existing dwell- ing units on the site be vacated no later than June 15th. This condition was imposed because the existing dwelling units are below pertinent health and safety codes and with demolition planned for same, there was and is not much incentive for the property owner to invest in repairs° As a result, persons residing in the units were exposed, and would continue to be exposed, to safety risks should they be allowed to continue to reside in the sub-standard units pending demolition. Sister City Housing has indicated that contrary to an agreement reached with one of the current tenants on the site, all of the units were not vacated by June 15th, thus, violating the terms of the original vesting extension ordinance. (See letter from D. Myler attached.) Sister City wishes to have the June 15th deadline extended thirty days so as to maintain the project's vesting while it undertakes eviction proceedings to secure the~ removal of the holdover tenant from the premises. The current circumstances being beyond the reasonable control of Sister City Housing, staff recommends that the amendment to the vesting extension ordinance be granted as requested. REQUESTED ACTION: Move to adopt Ordinance No. 35 (Series of 1993) amending Ordinance No. 20 (Series of 1993) so as to allow Sister City Housing until July 15, 1993, to secure the vacation of all existing dwelling units at 1280 Ute Avenue and, thus, retain the two-year vesting extension for the development plan for the site~ EMC/mc Attachment jc64.3 cc: Planning Director David J. Myler, Esq. MYLER, STULLER & SCHWARTZ ATTORNEYS AT LAW ~fAVID J. MYLER, P.C. 106 S. MILL STREET, SUITE 202 SANDRA M. STULLER, P.C. ASPEN, COLORADO 81611 (303) 920-1018 ALAN E, SCHWARTZ FAX 9204259 June 3, 1993 Ch~ ~ ~"f~.'O~e~C,~'~'' Edward M. Caswall, Esq Aspen City Attorney 130 South Galena Aspen, CO 81611 Re: Billings Property - Extension of Vested Rights Dear Jed: As you are aware, ordinance 20, Series of 1993, extends the vested rights for the development of the Billings Property through May 14th of 1995, subject to the condition that all tenants have vacated the Property on or before June 15th of 1993. In order to afford Sister City Housing with the ability to evict a holdover tenant, should such action be necessary, I suggest that we ask the City Council to approve an amendment to Ordinance 20 extending the time for compliance with the condition to July 15, 1993, provided that Sister City Housing is pursuing all available and reasonable means of achieving compliance, including eviction by court order. Very truly yours, MYLER, STULLER & SCHWARTZ David J. M~ler DJM:caw sister~caswall2.