HomeMy WebLinkAboutordinance.council.016-96 ORDINANCE 16
(SERIES OF 1996)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH EXTENSI@N
OF THE 1993 LODGE GMQS ALLOTMENT AND VESTED EIGHTS GRANTED BY
ORDINANCE NO. 3~ SERIES OF 1993, AND EXTENDED BY ORDINANCE NO. 51, SERIES OF
1994, AND EXTENDED BY ORDINANCE NO. 15, SERIES OF 1995 FOR THE BELL MOUNTAIN
LODGE REDEVELOPMENT, 720 EAST COOPER AVENUE CITY OF ASPEN, PITKIlq
COUNTY, COLORADO.
WHEREAS, pursuant to Section 26.100.100 of the Aspen Municipal Code, City Council may grant
an extension of GMQS allocations up to six (6) months for developments other than detached residential
and duplex units; and
WHEREAS, on February 22, 1993, City Council adopted Ordinance No. 3, Series of 1993, which
approved a GMQS allocation for the redevelopment of the Bell Mountain Lodge at 720 East Cooper
Avenue; and
WHEREAS, the development allotments expire on the day after the third almiversary of the date
the GMQS allocations, or other development approvals, have been awarded; and
WHEREAS, Council has granted two (2) prior six-month extensions which extended the GMQS
allocation and vested rights to February 22, 1997; 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 1993 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
Exhibit C
WHEREAS, the Planning Office, having reviewed the application recommends approval of a
six (6) month extension of the GMQS allotment approved in Ordinance 3, Series of 1993, and the vested
rights extension; and
WHEREAS, the Aspen City Council, having considered the Community Development
Department'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
ASPEN, COLORADO:
Section 1:
Pursuant to Section 26.100.100 of the Municipal Code, City Council does hereby grant the applicant another
six (6) month extension of the 1993 lodge GMQS allocation approved by Ordinance 3, Series of 1993,
extended by Ordinance No. 51, Series of 1994, and Ordinance No. 15, Series of 1995, for the Bell Mountain
Lodge at 720 East Cooper Avenue beginning February 22, 1997 and ending August 22, 1997.
Pursuant to Section 26.52.080 of the Municipal code, City Council does hereby grant the applicant an
extension of ve~ted rights status for the site specific development plan for the Bell Mountain Lodge at 720
East Cooper Avenue as approved by Ordinance 37, Series of 1993, to August 22, 1997, with the following
conditions:
1. The extension of vested rights shall be for six (6) months from February 22, 1997 to August 22, 1997.
2. The fights granted by the site specific development plan approved by this Ordinance shall remain
vested for a total of four-and-one-half (4-1/2) years fi'om February 22, 1993, which was
retroactively approved by Ordinance No. 37, Series of 1993, adopted on 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 fights.
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 roles,
regulations or ordinances or the City provided that such reviews or approvals are not inconsistent
with the approvals granted and vested herein.
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5. The establishment herein of a vested property right shall not preclude the application of ordimmces
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 circulation
within the City of Aspen no later than fourteen (14) days following final adoption hereof.
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.
A public heating on the Ordinance shall be held on the 13 th day of May, 1996 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 once in a newspaper of general circulation within the City of Aspeu.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the
City of Aspen on the ~ .dayof ~2~ ,1996. ~
T ~J~/~ John B~nnett, Mayor
ATTES :.
Kathryn S. Koch, City ~rk
FINALLY~ adopted, passed and approved this //~:~ day of ~,~""- ,1996.
John Behnett, Mayor
A ~
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