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HomeMy WebLinkAboutordinance.council.015-95 A." \". %t, " h~, ~.' ~.' . \\~'" Ie, '\, ',,;,- 3B:l.I~)') B....,I E\;": UIL,VIn DnVI~:: P-35B 05/3:1./95 12=4BP PG:I. OF 4 PITKIN COUNTY CLERK & RECORDER F~EC E~IZjn eJ(?'1 DOC 1\ ORDINANCE 15 (SERIES OF 1995) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH EXTENSION OF THE 1992 LODGE GMQS ALLOTMENT GRANTED BY ORDINANCE 3, SERIES OF 1993, AND A VESTED RIGHTS EXTENSION FOR THE BELL MOUNTAIN LODGE REDEVELOPMENT, 720 EAST COOPER AVENUE, ASPEN COLORADO. WHEREAS, pursuant to section 24-8-108 of the Aspen Municipal Code, City Council may grant an extension of GMQS allocations up to six months; and WHEREAS, on February 22, 1993, City Council approved a GMQS allocation for the redevelopment of the Bell Mountain Lodge at 720 East cooper Avenue; and WHEREAS, 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 one, six month extension which extended the GMQS allocation to August 22, 1996; 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 1992 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 WHEREAS, the Planning Office, having reviewed the application 1 ~ '\" .' ~, ".\". ~.' '$1",-", 31.:31199 8-782 P-359 05/31/95 12~48P PG 2 OF' i,. recommends approval of a six (6) month extension of the GMQS allotments approved in Ordinance 3, Series of 1993 and the vested rights extension; 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 to coincide with the GMQS extension. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: section 1: Pursuant to section 24-8-108 of the Municipal Code, City Council does hereby grant the applicant another six (6) month extension of the 1992 lodge GMQS allocation approved by Ordinance 3, Series of 1993, for 720 East Cooper Avenue beginning August 22, 1996 and ending February 22, 1997. 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 720 East Cooper Avenue approved by ordinance 37, Series of 1993, to February 22, 1997 with the following conditions: 1. The extension of vested rights shall be for approximately one year to February 22, 1997. 2. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for a total of four years February 22, 1993, which was retroactively approved by Ordinance No. 37, Series of 1993 published July 12, 1993. However, any failure to abide by the terms 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 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, regulations or ordinances or the city provided 2 I'~. . 11....... ~,: \l~ e: " " ;:;f:.i:!. 7(1(~) 8-782 P-360 05/31/95 12~48P PG ~ OF' L,. 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 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 3: 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 vested property right pursuant to Title 24, Article 68, Colorado Revised statutes, pertaining to the following- described property: "720 East Cooper, Lots K-P & West 20.73' of Lot Q, Block 105" The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. 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 ordinances. section 6: A public hearing on the Ordinance shall be held on the/O day of ti-t/~, 1995 at 5:00 P.M. in the city Council Chambers, Aspen city Hatl, Aspen Colorado, fifteen (15) days prior to which hearing 3 ~ ~ ~." , '< ~,.', ,I.., - 30:1.799 8-782 P-361 05/31/95 12~48P PG 4 OF' "" 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 j n 7 (j/f-ziv.- /3 Q.4 ~ -1-,,- !?7~ John'Bennett, Mayor City council of the City of Aspen on the day of , 1995. FINALLY, adopted, " !4~) , 1995. , passed and approved this 10 day of ~ f.,~~~ John ennett, Mayor ATTEST: Kathryn S,~KOCh, City Clerk 4