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HomeMy WebLinkAboutordinance.council.038-95 "It'." , 11 %, ~e ~ ~c;, b,'.' '~ .386B63 B'-798 BILV IA DiW IB P-54 10/30/95 02,52P PG 1 OF 4 PITKIN COUNTY CLERK & RECORDER ORDINANCE 38 (SERIES OF 1995) REC 2LIZlIZI DOC ~IO AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH EXTENSION OF THE 1990 RESIDENTIAL GMQS ALLOTMENTS AND VESTED RIGHTS GRANTED BY ORDINANCE NO. 14, SERIES OF 1991, AND EXTENDED BY ORDINANCE NO. 22, SERIES OF 1994, AND AGAIN BY ORDINANCE NO. 10, SERIES OF 1995, FOR THREE TOWNHOMES ON LOT 5 AND SEVEN TOWNHOMES ON LOT 6 OF THE ASPEN MEADOWS SUBDIVISION, CITY OF ASPEN, PIT~IN COUNTY, 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 for developments other than detached residential and duplex units; and WHEREAS, on June 10, 1991, city Council adopted Ordinance No. 14, Series of 1991, which approved the Aspen Meadows Specially Planned Area Final Development Plan and included residential GMQS allocations; and WHEREAS, the GMQS development allotmen.ts included the construction of 10 townhomes on two parcels, Lots 5 and 6; and WHEREAS, the 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 two prior six-month extensions which extended the GMQS allocation and vested rights to June 19, 1995; and WHEREAS, the applicant, Savanah Limited Partnership, has requested another six (6) month extension of the GMQS allocations for Lots 5 and 6 of the Aspen Meadows Subdivision; and WHEREAS, the applicant also requests an extension of vested rights status, to coincide with the GMQS allocation extension; and 1 It", %), '<i"" / ~ ~. ~.- \t: '~, 386863 8----798 p--~)5 10/30/95 02:52P PG 2 OF 'I' WHEREAS, the Planning Office, having reviewed the application recommends approval of a six (6) month extension of the GMQS allotments and vested rights approved in Ordinance 14, Series of 1991; 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 finding that the Aspen Institute requires more time to finalize purchase of Lot 5 without jeopardizing the option contract, Savanah requests to re-examine the affordable housing mitigation requirement which has increased significantly since the 1991 approval, and avoiding campus disruption as a result of summer construction activity is in the best interest of the community. 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 1990 Residential GMQS allocation approved by Ordinance 14, Series of 1991, and extended by Ordinance No. 22, Series of 1994 and No. 10, Series of 1995, for Lots 5 and 6 of the Aspen Meadows Subdivision beginning June 19, 1995, and ending December 19, 1995 with the following conditions: 1. The applicant shall review, with the Parks Department, the landscape plan that was approved with the Meadows SPA development plan and confirm that the plan is in compliance. If the Plan is not in compliance, the applicant shall correct all deficiencies'by September 29, 1995. Failure to comply with this condition shall render this extension invalid. 2. The applicant shall excavate the pedestrian/bike trail to the top of the slope on Lot 6, as required in the insubstantial amendment to the Aspen Meadows Lots 5 and 6, to be completed by October 31, 1995. 2 ~e., ~'t '""" e".... ~. z.~ (a ~.. 38("\8&3 B--798 P'.'56 10/30/95 02~52P PG ~ OF '1- 3. The applicant shall replace the non-functioning trail lights along old Meadows Road by September 29, 1995. 4. The six (6) month extension shall begin at the date . of expiration of the previous 6 month extension which is June 19, 1995 and expire on December 19, 1995. 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 Lots 5 and 60f the Aspen Meadows Subdivision as approved by Ordinance 14, Series of 1991 and amended by Planning Office memo dated March 16, 1995, with the following conditions: 1. The extension of vested rights shall be for six months to December 19, 1995. 2. The rights granted by the site specific development plan approved by this Ordinance and the insubs'tantial amendment shall remain vested for a total of four years and six months from June 20, 1991, which was approved by Ordinance No. 14, Series and insubstantially amended. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. The approval granted hereby shall be subject to all rights of referendum and judicial review. 3 . 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 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 publis~ed in a newspaper of general circulations within the city of Aspen no later than fourteen (14) days following final adoption hereof. 3 J ~,. ,., ~.;(. " ,-,.. \). " '~. :3B6Bt\3 B-79El P-57 OF 4, 10/30/95 02:52P PG 4 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 day of , 1995 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 Ca:;:Cil of ui..-f' the City of Aspen on the ;-1 day of , 1995. ~lv l~~ JohBennett, Mayor ATTEST: ~,,~IN~~LY, adopted, ~1995. approved this c;((f ~ IJ ~J1f John Bennett, Mayor day of passed and city Clerk 4