HomeMy WebLinkAboutordinance.council.036-88 ORDINANCE NO. 36
(Series of 1988)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING
THE FINAL PLAT AND VESTING THE DEVELOPgiENT RIGHTS FOR THE CBS
SUBDIVISION IN THE SITE SPECIFIC PLAN/FINAL PLAT
WHEREAS, the Aspen Consolidated Venture Corporation has
submitted a Subdivision Agreement and Final Plat to the Aspen
City Council for approval of the CBS Subdivision project; and
WHEREAS, the Aspen city Council has reviewed said agreement
and final plat at a regularly scheduled City Council meeting on
September 12, 1988 and at a duly noticed public hearing on
October 10, 1988~ and
WItEREAS, the City Council approved the CBS Subdivision
Agreement and Final Plat on October 10, 1988~ and
WHEREAS, the City Council finds that the Final Plat for the
CBS Subdivision constitutes the site specific development plan
for the property~ and
WHEREAS, Aspen Consolidated Venture Corporation has
requested that the development rights for the CBS Subdivision, as
defined and approved in the CBS Subdivision Agreement, site
specific development plan/final plat, more specifically
described in Exhibit "A", be vested pursuant to Section 6-207 of
the Aspen Municipal Code in the site specific development
plan/final plat~ and
WHEREAS, the Aspen City Council desires to vest development
rights in the CBS Subdivision site specific development
plan/final plat pursuant to Section 6-207 of the Municipal Code
of the City of Aspen for a period of three years from the
effective date hereof subject to the terms and conditions
contained in the CBS Subdivision Agreement, site specific
development plan/final plat and herein below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO.
Section 1
The City Council of the City of Aspen, as a consequence of
its approval of the CBS Subdivision and site specific development
plan/final plat, and pursuant to Section 6-207 the Municipal Code
of the City of Aspen, hereby vests development rights in the CBS
Subdivision site specific development plan/final plat for a
period of three (3) years from recordation of said plat and
associated documents. However, any failure to abide by any of
the terms and conditions attendant to this approval will result
in the forfeiture of said vested property rights; and
Section 2
The approval granted hereby shall be subject to all rights
of referendum and judicial review; except that the period of time
permitted by law for the exercise of such rights shall not begin
to run until the date of publication of this ordinance following
its adoption.
Section 3
Zoning that is not part of the site specific development
plan approved hereby shall not result in the creation of a vested
property right.
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Section 4
Nothing in this approval shall exempt the site specific
development plan from subsequent reviews and approvals required
by this approval of the general rules, regulations and
ordinances or the City of Aspen provided that such reviews and
approvals are not inconsistent with this approval.
Section 5
The establishment 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 applicant shall abide by any and all such building,
fire, plumbing, electrical and mechanical codes, unless an
exemption therefrom is granted in writing.
Section 6
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 7
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
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the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 8
A public hearing on the Ordinance shall be held on the
~/~/~ 5:00 P.M. in the City Council Cha~ers, Aspen
City Hall, Aspen, Colorado, fifteen (15) days prior to which
hearing notice of the same shall be p~lished once in a newspaper
of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUB~SHED as provided by law by
the City Council of the City of Aspen on the /~v~,~ day of
Willi~ L. Stirl{ng, N~yor
AT~EST:
~~h, Ci~ Clerk
F~Tw~, adopted, passed and approved this /~'-~" day of
Willi~ L. Stifling, Mayor "
ATTEST:
~th_ ~ryn ~ koch, city Clerk
ord. cbs. ch