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Home My WebLink Aboutordinance.council.009-97 ORDINANCE No. -2.- (SERIES OF 1997) AN ORDINANCE OF TIlE ASPEN crrv COUNCIL GRANTING A SIX MONTH EXTENSION OF THE 1993 COMMERC1Al10FFlCE GMQS AlLOTMENTS GRANTED BY ORDINANCE NO.2, SERIES OF 1994 FOR 810 SQUARE FEET OF NET LEASABLE AREA AND GMQS EXEMPTION FOR THE PROJECT'S TWO ON-SITE AFFORDABLE HOUSING UNITS, AND DENYING A REQUEST FOR A SIX MONTH EXTENSION OF THE VESTED RIGHTS ASSOCIATED WITH ORDINANCE NO.2, SERIES OF 1994, CAP'S AUTO PROPERTY LOCATED AT 210 NORTH MILL STREET, CITY OF THE ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, pursuant to Section 26.102.080 of the Aspen Municipal Code, City Council may grant an extension of GMQS allocations up to six mon1hs for developments o1her 1han detached residential and duplex units; and WHEREAS, on February 28,1994, City Council adopted Ordinance No.2, Series of 1994, which approved 1he Cap's Auto Supply GMQS Exemption for two on-site affordable housing and included .-..-.~ commercial/office GMQS allocations; and WHEREAS, the GMQS development allotments included the construction 810 square feet of net leasable area; 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, the applicants, Draco Incorporated, has requested a six (6) month extension of the GMQS allocations for the Cap's Auto Property located at 210 North Mill Street; and WHEREAS, the applicant also requests an extension of vested rights status, to coincide with the GMQS allocation extension; and WHEREAS, the Community Development Department, having reviewed the application recommends approval of a six (6) month extension to the GMQS allotments approved in Resolution No.3, Series of 1994 and Ordinance No.2, Series of 1994; and Ordinance No.9, Series of 1997 Page 2 WHEREAS, the Community Development Department, having reviewed the application recommends denial of the request for a six (6) month extension to the vested rights granted by Ordinance No.2, Series of 1994 ; and WHEREAS, the Aspen City Council, having considered the Community Development Department's recommendation for the GMQS extension, does wish to: a) grant an extension for six (6) months, finding that there was delay caused by the unknown future plans of the current tenants and the short time since learning of said plans, and that allowing the extension would be in the best interest of the community because it would allow tne use of the subject property to be brought into conformity/compliance with the Office (0) zone district of which it is a part, and b) deny the request to extend vested rights status. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ~- ASPEN, COLORADO: Section 1: 1. Pursuant to Section 26.102.080 of the Aspen Municipal Code, City Council does hereby grant the applicant a six (6) month extension of the 1993 CommerciallOffice GMQS allocation approved by Resolution No.3, Series of 1994, for the Cap's Auto Property located at 210 North Mill Street beginning February 28, 1997, and ending August 28, 1997. Section 2: Pursuant to Section 26.102.080 of the Aspen Municipal Code, City Council does hereby grant the applicant an extension of a GMQS Exemption for two on-site affordable housing units for the Cap's Auto Property located at 210 North Mill Street as approved by Ordinance 2, Series of 1994 with the following conditions: 1. The extension shall be for six months to August 28, 1997. 2. Any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said 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 Ordinance No.9, Series of 1997 Page 3 or ordinances or the City provided that such reviews or approvals are not inconsistent with the approvals granted herein. 5. The extension herein 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 ofthis 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. 6. The approvals granted by the Aspen City Council shall be null and void unless the applicant pays a sum of $7800 to the Aspen Water Department within two (2) weeks of approval of the requested extensions; a receipt from the Water Department verifying that the applicant has delivered payment of the required amount shall be submitted to the Community Development Department before this Ordinance is signed. The payment shall constitute full reimbursement of the expenses incurred by the Water Department for the extension of a four (4) inch water service line in Mill Street to serve the proposed development. Section 3: City Council does hereby deny the applicant's request for an extension of the vested rights granted to the Cap's Auto Property located at 210 North Mill Street as approved by Ordinance 2, Series of 1994. Therefore, the vested rights granted for the Cap's Auto Supply site specific development plan expire on February 28, 1997. Section 4: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulation within the City of Aspen no later than fourteen (14) days following final adoption hereof. Section 5: 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 6: 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 oftheordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7: A public hearing on the Ordinance was held on the 14th day of April, 1997 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 was published in a newspaper of general circulation within the City of Aspen. . ----- Ordinance No.9, Series of 1997 Page 4 APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney Community Development Director INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 25th day of March, 1997. ~ l~~- John ennett, Mayor A TIEST: .--------. ~'fft}' ) 4/!ao~ KathrynS.I<o City Clfrk ..-- FINALLY, adopted, passed and approved this d... day of UJ,.h.J.. , 1997. ~ t?~- John ennett, Mayor ~~ Kathryn S. K Ci~lerk "---