Loading...
HomeMy WebLinkAboutordinance.council.057-92 ~:~507&4 11/16/92 0- .8~4.~. Rec $25.00 BK ~94 PG 4~? (SERIES OF 1992} AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A ONE YEAR EXTENSION OF VESTED RIGHTS APPROVED BY ORDINANCE 8w SERIES 1991 iFOR THE FOR THE DEVELOPMENT PLAN APPROVED FOR THE 1000 E. HOPKINSi PARCEL (A.K.A. THE VALLEY HI APARTMENTS), LOTS A,H,I,KtAND BLOCKS 25 AND 26t CITY OF ASPENt COLOR~DO WHEREAS, pursuant to Section 24-6-207 of the Municipal Code, the city Council may grant vested rights status for a site specific development plan; and WHEREAS~ upon the adoption of Ordinance 8, Series 1991, the Applicant received approval for the redevelopment of the subject property as well as vested rights extending for three years from the approval date of said ordinance; and WHEREAS, due to the deteriorated condition of the existing apartments on the site, the owners must make numerous repairs to continue the livability of the units which are occupied by employees of the community, until such time that the projectlis demolished and replaced by the development approved in 1991; and WHEREAS, because of the cost of such repairs the Applicant requested a one year extension to the vested rights approved!by Ordinance 8, Series 1991 in order to allow a greater timeframe!to recover the costs through rents; and WHEREAS, the Planning office, having reviewed the application recommends approval of the extension of vested rights for a per~od of one year beyond the vested rights approved in Ordinancei 8, Series 1991; and WHEREAS, the Aspen City Council having considered the Plann!ing office's recommendations for the extension of vested rights Hoes 1 %550?64. 1:[/i6/92 08:42 Re: $25.00 BK 894 PG 488 Si lvia Davis~ Pitk~! C~t~ Cler. l.:~ ~c $.00 wish to grant the requested extension of vested rights for one year beyond the approval granted in Ordinance 8, Series 1991 for the 1000 E. Hopkins parcel, finding community benefit in the improvements to the employee housing until said property iis redeveloped. NOWs THEREFOREs BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPENs COLORADO: Section 1: Pursuant to Section 24-6-207 of the Municipal Code, City Council does hereby grant the applicant a one year extension for the vested rights approved by Ordinance 8, Series 1991 for thel 1000 E. Hopkins parcel as follows: 1. The Valley Hi Apartments shall be maintained in a clean and orderly condition until such time as they are demolished prior to redevelopment pursuant to Ordinance 8~ 1991. 2. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for a total of four (4) years from June 10, 1991, the dateiof final adoption of Ordinance 8, Series 1991. 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. ~50764 11/16/92 08:42 Rec $25.00 BK &94 PG 4&9 ~ilvia Dav~s~ ~tkin ~ty ~le~k~ Doc $.00 3. The approval granted hereby shall be subject to ~11 rights of referendum and judicial review. 4. 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. 5. 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 citylof 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 buildingt 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 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 ~%5~)~6~ 11/1619~. t8,4.~. Re~ $25,~]0 BE &~4 PG 4?0 S~lv~a!!i !' Dav~,s~ Pitk~n! Cnt¥ CI~i~?~E' "~!!~'' vested property right pursuant to Title 24, Article 618, Colorado Revised Statutes, pertaining to the following- described property: "1000 E. 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 ordinanceiin 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 effect 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 day of ~992 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which 4 ~1~l:35:76.4 :1.1/:I. 6/92 08.4.~. Rec $.~.,.~.,00 BK 6~4 F'G 4~1 ~lw.a Davis~ F'itkin Cnty ~l~rl~,~ Doc $.00 hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. I~TRODUCED, READ ~D ORDERED PUBLISHED as provided by law, by the city Council of the City of Aspen on the /~ day of ~~ , 1992. ~ohn Bonnott, ~ayor ..-~¢~ ....... ,.:~ ~ . ~ ~ ~~QK~h, Cmty Clerk '~":,, ~P~N~LLY, a~opte~, passed and approved this day of ~'.. . ...... '~ ~:'