HomeMy WebLinkAboutordinance.council.043-89 O~IN~CE NO.
(Series of 1989)
~ O~IN~CE OF ~E CITY CO~CIL OF ~ CITY OF ~PEN ~STING
D~P~ RIG.S FOR ~ VO~ ~T SPLIT ~TS 1-8 & 11-20, B~CK
30~O~ F~TS SITE SPECIFIC P~/FIN~ P~T
WHEREAS, Richard Yolk has submitted a final plat to the
Aspen City Council for approval of the Volk Lot Split project;
and
WHEREAS, the Aspen City Council reviewed and approved said
final plat at a duly noticed public hearing on June 26, 1989; and
WHEREAS, the City Council finds that the final plat for the
Volk Lot Split constitutes the site specific development plan for
the property; and
WHEREAS, Richard Volk has requested that the development
_ rights for the Volk Lot Split, as defined and approved in'the
Volk Lot Split 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 Volk Lot Split 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
Subdivision of the Volk Lot Split, site specific development
plan/final plat and herein below.
· he City Council of the City of Aspen, as a consequence of
its approval of the Vol~ ~ot Split, ~ots 1-8 & 1~-20, Bloc~ ~,
O~lahoma Flats ~ot Split 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 Volk Lot
Split site specific development plan/final plat for a period of
three (3) years from the effective date hereof. However, any
failure to abide by any of the terms and conditions attendant to
this approval shall result in the forfeiture of said vested
property rights. Failure to properly record all plats and
agreements required to be recorded by this Code shall also 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.
2
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, sub-section, 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
3
Gl.l. 630
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 8
A//.---p~lic,hearing on the Ordinance shall be held on the
day of~~1989, at 5:00 P.M. in the City Council Cha~ers,
Aspen Cit~ Hall, Aspen, Colorado, fifteen (15) days prior to
which hearing notice of the same shall be published once in a
newspaper of general circulation within the city of Aspen.
. I~ODUCED, ~D ~D O~E~D PUBLISHED as provided by law by
Council of the City of Aspen on the /~~ day of
, 1989. ~~
~ic~'~ Gas ,~' Y o~ Tern
:'*~~. ~ ~o,h, City Clerk
day of
'".. ~ FIN~.~, adopted, passed and approved this
William L. Stiding, Maydr
:~~~ ~och, City Clerk