HomeMy WebLinkAboutordinance.council.064-94
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SIL.VI~l DAVIE
P-494 01/11/95 11,09A PG 1 OF 4
PITKIN COUNTY CLERK & RECORDER
REC
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DOC
ORD:tNANCE NO. (04
(SER:tES OF 1994)
AN ORD:tNANCE OF THE C:tTY OF ASPEN GRANT:tNG
VESTED RIGHTS FOR A PERIOD OF THREE YEARS
FOR THE POPPIES B:tSTRO CAFE ADMIN:tSTRAT:tVE APPROVAL
FOR A GMQS EXEMPT:tON FOR A RES:tDENT:tAL UN:tT
TO BE CONSTRUCTED AT 824 W. HALLAM
(BLOCK 10, LOTS K AND L, CITY AND TOWNSITE OF ASPEN)
WHEREAS, pursuant to Section 24-6-207 of the Aspen Municipal
Code, 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; and
WHEREAS, Michael Hull and Earl Jones, ("Applicants"), as
represented by Sunny Vann, submitted an application to the Planning
Office requesting construction of a free market dwelling unit on
the second level of the existing poppies Bistro Cafe, in
conjunction with a request for Landmark Designation and Rezoning
from R-6 to Office; and
WHEREAS, on September 26, 1994 city council approved the
requests for Landmark Designation by Ordinance 37 and Rezoning by
Ordinance 34; and
WHEREAS, subsequent to the city Council approvals the Planning
Director approved a GMQS Exemption for the addition of a
residential dwelling unit pursuant to Section 24-7-801(A) (1) (b) (3)
of the Aspen Municipal code; and
WHEREAS, the Applicants' are also seeking vested rights
approval for ttle GMQS Exemption for a period of three years to
provide consistency with State vesting requirements.
NOW, THEREFORE, BE :tT ORDAINED BY THE C:tTY COUNCIL OF THE C:tTY
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377969
B-771
P-495 01/11/95 11:09A PG 2
OF 4
OF ASPEN, COLORADO:
Section 1: The Planning Director granted GMQS Exemption approval
to the Applicants pursuant to section 24-7-801(A) (1) (b) (3) of the
Municipal Code subject to the following conditions:
1. As recommended by the City Engineer, the applicant shall
comply with the following:
a. The applicant shall indicate the parking configuration,
trash & recycle area, and utilities on the building
permit plans.
b. The new development plan must provide for no more than
historic drainage flows to leave the site. Any increase
to historic storm run-off must be maintained on site.
c.
The applicant shall consult City Engineering (920-5080)
for design considerations of development within public
rights-of-way, Parks Department (920-5120) for vegetation
species, and shall obtain permits for any work' or
development, including landscaping , within public rights-
of-way from city streets Department (920-5130).
2. Two new parking spaces are required for the new two bedroom
unit, unless reduced by HPC.
3.
The applicant shall either revise the
of Adjustment or HPC variance for
encroachment, or vacate the alley.
plans, obtain a Board
the proposed setback
4. All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning commission shall be adhered to and considered
condi tionp of approval, unless otherwise amended by other
conditions.
section 2:
Pursuant to section 24-6-207 of the Municipal Code,
city Council does hereby grant the Applicant vested rights for the
Poppies Bistro Cafe site specific development plan as follows:
J
1.
The rights granted by the site specific development plan
approved by this Ordinance shall remain vested for three (3)
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8-771 P-496 01/11/95 11:09R PG 3
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years from the date of final adoption specified below.
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 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 by 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
approval granted and vested herein.
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 properties
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.
4.
section 3: The City Clerk shall cause potice 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. 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:
The property shall be described in the notice and appended to said
notice.
Section 4: A public hearing on the Ordinance shall be held on the
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B-771 P-497 01/11/95 11~09A PG 4
DF 4.
"a
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JL day of ~ 1994 at 5:00 P.M. in the city Council
Chambers, Aspen city Hall, Aspen, colorado. Fifteen (~5) days
prior to the hearing a public notice of the hearing 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 Ii day of ~
1994.
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John Benn::;::yor
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Clerk
FINALLY, adopted, passed and approved this /:). 'hf.- day of
~ 1994.
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.' A'l;.TEST:', '
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John B nnett, Mayor
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