HomeMy WebLinkAboutordinance.council.013-95
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ORDINANCE 13
(SERIES OF 1995)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A FIVE MONTH
EXTENSION OF VESTED RIGHTS APPROVED BY ORDINANCE 8, SERIES OF 1991
FOR THE SITE SPECIFIC DEVELOPMENT PLAN APPROVED FOR THE 1000 EAST
HOPKINS PARCEL, THE VALLEY-HI APARTMENTS, LOTS A, H, I, K, Ii S
BLOCKS 25 AND 26 PLUS THE REMAINDER OF VACATED CLEVELAND STREET,
CITY OF ASPEN, COLORADO.
WHEREAS, pursuant to section 24-6-207 of the Aspen Municipal
Code, City Council may grant an extension of vested rights status
for a site specific development plan; and
WHEREAS, in June of 1991, City Council adopted Ordinance 8,
series of 1991, approving the redevelopment of the Valley-Hi
property and granting vested rights status for three years from the
approved date of said Ordinance; and
WHEREAS, in November of 1992, city Council granted a one year
extension of the vested rights status for the Valley-Hi site
specific development plan thereby extending the vested rights to
June 15, 1995 (Ordinance No. 57, Series of 1992); and
WHEREAS, as a condition of granting the vested rights
extension, city Council required the applicant to make specific
repairs and upgrades of the building and implement a management and
maintenance plan for the building; and
WHEREAS, Council also recommended that the applicant seek
another extension when those upgrades are completed and the
applicant can demonstrate to Council that proper management of the
building is occurring; and
WHEREAS, the applicant requested another vested rights
extension for two additional years in October 1994; and
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WHEREAS, the City Council denied the extension request finding
that new development should comply with changes in the Aspen Land
Use Code in order for new development to be consistent with new
land use regulations, polices, and visions of the community; and
WHEREAS, a potential purchaser of the property has developed
a specific redevelopment schedule and now requests to extend the
vested rights for five months in order to prepare and submit
building plans, and pull a building permit in a timely fashion; and
WHEREAS, the City Council, having considered the request for
an extension of vested rights and having found that the purchaser
has sufficiently demonstrated that building plans cannot be
adequately reviewed and a permit issued before the vested rights
expire in June, 1995, does wish to grant the requested extension
of vested rights to for five months beyond the approval granted in
Ordinance No. 57, Series of 1992, for the 1000 E. Hopkins parcel.
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 an additional five month extension
for the vested rights approved by Ordinance No.8, Series of 1991,
for the 1000 East Hopkins parcel, with the following conditions:
1. The extension of vested rights shall be for five months to
November 15, 1995.
2. The applicant shall maintain the property in an orderly
fashion and all rubbish and refuse shall be removed in a
timely manner.
3.
The Valley-Hi Apartments shall be maintained in a clean and
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orderly condition until such time as they are demolished prior
to redevelopment pursuant to Ordinance 8, 1991.
4.
The rights granted by the site specific development plan
approved by this Ordinance shall remain vested for a total of
four years and five months from June 15, 1991, the date of
publication of Ordinance No.8, Series of 1991. However, any
failure to abide by the terms and conditions attendant to this
approval shall result in forfeiture of said vested property
rights.
5.
Redevelopment of 1000 East Hopkins Avenue shall
according to the development timeline submitted and
as part of the extension of vested rights application
B) .
proceed
approved
(exhibit
6. The approval granted hereby shall be subject to all rights of
referendum and judicial review.
7. 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.
8.
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
vested property right pursuant to Title 24, Article 68,
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Colorado Revised statutes, pertaining to the following-
described property:
"1000 East Hopkins, Lots A,H,I,K, and s, Blocks 25 and 26"
The property shall be described in the notice and appended to said
notice shall be the ordinance granting such approval.
section 3:
That the city Clerk be and hereby is directed, upon the adoption
of this ordinance, to record a copy of this ordinance in the office
of the Pitkin County Clerk and Recorder.
section 4:
If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such provision and such
holding shall not affect the validity of the remaining portions
thereof.
section 5:
This Ordinance shall not affect any existing litigation and shall
not operate as an abatement of any action or proceeding now pending
under or by virtue of the ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such
prior ordinances.
section 6:
A public hearing on the Ordinance shall be held on the 13
day of March, 1995 at 5:00 P.M. in the City Council Chambers, Aspen
City Hall, Aspen Colorado, fifteen (15) days prior to which hearing
a public notice of the same shall be published one in a newspaper
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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~d~~~y,
John Bennett, Mayor
1995.
ATTEST:
Clerk
FINALLY, adopted,
~/, 1995.
passed and approved this /~
day of
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John Bennett, Mayor
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