HomeMy WebLinkAboutordinance.council.064-93156'7955 B-744. P-629 0~/16/94. 11:06A PG 1 OF 5 REC DOC
SIL. VIA DAVIS F'ITKIN COUN~'Y CLERK ~ RECORDER 15.00
ORDINANCE N0.64
(SERIES OF 1993)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO~
VESTING FOR A PERIOD OF THREE YEARS THE DEVELOPMENT RIGHTS FOR THE
GALENA PLAZA SITE SPECIFIC DEVELOPMENT PLAN APPROVAL LOCATED AT 420
E. MAIN STREET (E. HALF OF LOT L AND ALL OF LOTS M-S, BLOCK 86,
TOWNSITE OF ASPEN).
WHEREAS, the Aspen Planning and Zoning Commission reviewed the
Galena Plaza expansion on November 16, 1993, and approved, in
conjunction with growth management scoring, special reviews for a
reduction of eleven parking spaces, reduction of approximately 500
square feet of open space, and a floor area bonus of approximately
790 square feet; and
WHEREAS, Planning and Zoning Commission Resolution No.93-26
documents the growth management scoring and special review
approvals; and
WHEREAS, on December 6, 1993, the City Council granted
approval of Resolution No.93-85 for a 4,400 square foot
commercial/office growth management allocation for an expansion of
the Galena Plaza project; and
WHEREAS, a request for Vested Rights for the development was
submitted to the Planning office within the growth management
application; and
WHEREAS, pursuant to Section 24-6-207 of the Aspen Municipal
Code the City Council may grant Vesting of Development Rights for
a site specific development plan for a period of three years from
the date of final development plan approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO=
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Section 1: Pursuant to Section 24-6-207 of the Municipal Code,
City Council does hereby grant the applicant vested rights for the
Galena Plaza site specific development plan as follows:
1. The rights granted by the site specific development plan
approved by this Ordinance shall remain vested un~il
November 16, 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 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
rights 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 of 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 iof
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
vested property right pursuant to Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following
described property:
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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 ~ , 199~ 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 ~ day of
, 1993.
Joh~ Bennett, Mayor
Kathryn ~o-ch, City Clerk-
_~,FINALLY, adopted, passed and approved this /~ day of
, 199~. [
John Bennett, Mayor
Kathryn s./~6ch/ City Clerk
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