HomeMy WebLinkAboutordinance.council.024-88 4~I~552015 12/18/92 14:27 Aec $20.00 BK
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ORDINANCE NO.
(Series of 1988)
2~ ORDIN2~CE OF THE CITY COUNCIL OF ~E CITY OF ASPEN APPROVING
THE FIN2~ PI~T } ~STING ~ U~P~ ~G~S FOR THE 700
~T ~IN PUD IN THE SITE SPECIFIC P~/FINAL
~E~S, the Fine/Aspen Limited Partnership has submitted
a Planned Unit Development/Subdivision Agreement and final plat
to the Aspen City Council for approval of the 700 East Rain
Street project; and
~~S, the Aspen City Council has reviewed said agreement
and final plat at a regularly scheduled City Council ~eeting on
Ray 23, 1988 and at a duly noticed public h~aring on ~une 13,
1988; and
~E~, the City Council approved the 700 East Main
PUD/Subdivision Agreement and final plat on June 13, 1988; and
~~, the City Council finds that the final plat for 700
East Main constitutes the site specific development plan for the
property.
WHEREAS, Fine Associates have requested that the
development rights for the 700 East Main PUD project, as defined
and approved in the 700 East Main PUD/Subdivision Agreement, site
specific development plan/final plat, more specifically
described in Exhibit "A", be vested pursuant to Section 6-207 of
the Aspen Municipal Code in the site specific development
plan/final plat; and
~E~S, the Aspen city Council desires to vest development
rights in the 700 East Main PUD site specific development
plan/final plat pursuant to Section 6-207 of the Municipal Code
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of the city of Aspen for a period of three years from the
effective date hereof subject to the terms and conditions
contained in the Planned Unit Development/Subdivision Agreement
PUD/Subdivision at 700 East, site specific development
plan/final plat and herein below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO.
Section 1
The City Council of the City of Aspen, as a consequence of
its approval of the 700 East Main PUD and site specific
development plan/final plat, and pursuant to Section 6-207 the
Municipal Code of the City of Aspen, hereby vests development
rights in the 700 East Main PUD site specific development
plan/final plat for a period of three (3) years from the
effective date hereof. However, any failure to abide by any of
the terms and conditions attendant to this approval will result
in the forfeiture of said vested property rights; and
Section 2
The approval granted hereby shall be subject to all rights
of referendum and judicial review; except that the period of time
permitted by law for the exercise of such rights shall not begin
to run until the date of publication of this ordinance following
its adoption.
Section 3
Zoning that is not part of the site specific development
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plan approved hereby shall not result in the creation of a vested
property right; and
Section 4
Nothing in this approval shall exempt the site specific
development plan from subsequent reviews and approvals required
by this approval of the general rules, regulations and
ordinances or the City of Aspen provided that such reviews and
approvals are not inconsistent with this approval; and
Section 5
The establishment 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 applicant shall abide by any and all such building,
fire, plumbing, electrical and mechanical codes, unless an
exemption therefrom is granted in writing.
Section 6
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and shall not affect the validity of the remaining
portions thereof.
Section 7
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Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 8
A public hearing on the Ordinance shall be held on the 13th
day of June, 1988, at 5:00 P.M. in the City Council Chambers,
Aspen city Hall, Aspen, Colorado, fifteen (15) days prior to
which hearing notice of the same shall be published once 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
~,,,,.,,..,, William L. S~tirling, Mayor
,
] :~~~.. Koch, City Clerk
¢~'"?~."i'.~A.LLY,~A..~_.].__ adopted, passed and approved this /~ day of
William L. Stifling, May~r
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.:och, cxty Clerk
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