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HomeMy WebLinkAboutordinance.council.036-88 ORDINANCE NO. 36 (Series of 1988) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING THE FINAL PLAT AND VESTING THE DEVELOPgiENT RIGHTS FOR THE CBS SUBDIVISION IN THE SITE SPECIFIC PLAN/FINAL PLAT WHEREAS, the Aspen Consolidated Venture Corporation has submitted a Subdivision Agreement and Final Plat to the Aspen City Council for approval of the CBS Subdivision project; and WHEREAS, the Aspen city Council has reviewed said agreement and final plat at a regularly scheduled City Council meeting on September 12, 1988 and at a duly noticed public hearing on October 10, 1988~ and WItEREAS, the City Council approved the CBS Subdivision Agreement and Final Plat on October 10, 1988~ and WHEREAS, the City Council finds that the Final Plat for the CBS Subdivision constitutes the site specific development plan for the property~ and WHEREAS, Aspen Consolidated Venture Corporation has requested that the development rights for the CBS Subdivision, as defined and approved in the CBS 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 WHEREAS, the Aspen City Council desires to vest development rights in the CBS Subdivision site specific development plan/final plat pursuant to Section 6-207 of the Municipal Code 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 CBS Subdivision Agreement, 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 CBS Subdivision 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 CBS Subdivision site specific development plan/final plat for a period of three (3) years from recordation of said plat and associated documents. 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 plan approved hereby shall not result in the creation of a vested property right. 2 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. 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 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to 3 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 ~/~/~ 5:00 P.M. in the City Council Cha~ers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be p~lished once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUB~SHED as provided by law by the City Council of the City of Aspen on the /~v~,~ day of Willi~ L. Stirl{ng, N~yor AT~EST: ~~h, Ci~ Clerk F~Tw~, adopted, passed and approved this /~'-~" day of Willi~ L. Stifling, Mayor " ATTEST: ~th_ ~ryn ~ koch, city Clerk ord. cbs. ch