HomeMy WebLinkAboutordinance.council.037-93 ~§8875 0l~/15/95 15:46 Rec $15.00 BE 718 PG 47
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ORDINANCE N0.37
(SERIES OF 1993.)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLOR~DOv
VESTING THE DEVELOPMENT RIGHTS FOR THE BELL MOUNTAIN LODGE SITE
SPECIFIC DEVELOPMENT PLAN APPROVAL LOCATED AT 720 E. COOPER AVENUE
(LOTS K-P AND PART OF LOT Q, BLOCK 105, TOWNSITE OF ASPEN)
WHEREAS, on February 22, 1993 the City Council granted
approval of Ordinance 3, Series 1993 for a 22 lodge unit growth
management allocation, multi-year growth management allocation, and
growth management exemption for deed restricted employee housing
for the re-development of the Bell Mountain Lodge; and
WHEREAS, a request for Vested Rights for the development
approval was submitted to the Planning Office on behalf of the Bell
Mountain Lodge Limited Liability Co. by project representative
Michael C. Ireland; and
WHEREAS, pursuant to Section 24-6-207 of the Aspen Municipal
Code the City Council may grant Vesting of Development Rights for
a period of three years from the date of final approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1: Pursuant to Section 24-6-207 of the Municipal Code,
City Council does hereby grant the applicant vested rights for the
Bell Mountain Lodge site specific development plan as follows:
1. The rights granted by the site specific development plan
approved by this Ordinance shall remain vested until February
22, 1996. However, any failure to abide by the terms and
conditions attendant to this approval shall result in
forfeiture of said vested property rights. Failure to timely
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and properly record all plats and agreements as specified
herein and or in the Municipal Code shall also result in the
forfeiture of said vested rights°
2. The approval granted hereby shall be subject to all rightsi of
referendum and judicial review.
3. 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.
4. 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 2: The City Clerk shall cause notice of this Ordinance to
be published in a newspaper of general circulations within the City
of Aspen no later than fourteen (14) days following final adoption
hereof. Such notice shall be given in the following form:
Notice is hereby given to the general public of the approval
of a site specific development plan, and the creation of a
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vested property right pursuant to Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following-
described property:
The property shall be described in the notice and appended to said
notice shall be the ordinance granting such approval.
Section 3:
A public hearing on the Ordinance shall be held on the /~_~
day of ~, 1993 at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
a hearing of public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the /4 day of
~ , 1993.
· ' '- ' JohnkBennett, Mayor
'Ka~hryn.~//Koch,' Clty Clerk
LY, adopted, passed and approved this /~-~ day of
~'~ ~ ~'~,~ John et , y
'City Clerk
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