HomeMy WebLinkAboutordinance.council.042-89 ~i'~ ~ ~'~'~ "!~" '-
ORDINANCE NO.
(Series of 1989) ~.~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN VESTING THE
DEVELOPMENT RIGHTS FOR THE 801 EAST HYMANAVENUE LOT SPLIT IN THE
SITE SPECIFIC PLAN/FINAL PLAT
WHEREAS, John Elmore has submitted a final plat to the
Aspen City Council for approval of the 801 East Hyman Avenue Lot
Split; and
WHEREAS, the Aspen City Council reviewed and approved said
final plat at a duly noticed public hearing on June 26, 1989~ and
WHEREAS, the City Council finds that the final plat for 801
East Hyman Avenue constitutes the site specific development plan
for the property~ and
WHEREAS, John Elmore has requested that the development
rights for the 801 East Hyman Avenue Lot Split, as defined and
approved in the 801 East Hyman Avenue 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 801 East Hyman Avenue 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 Subdivision at 801 East Hyman Avenue, site
specific development plan/final plat and herein below.
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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 801 East Hyman Avenue Lot Split 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 801 East Hyman Avenue Lot Split 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 shall result in the forfeiture of said vested property
rights. Failure to properly record all plats and agreements
required to be recorded by this Code shall also result in the
forfeiture of said vested property rights.
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.
Section 4
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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
the effective date of this ordinance, and the same shall be
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continued and concluded under such prior ordinances.
Section 8
A pu_blic hearing on the Ordinance shall be held on the
o~1989, at 5:00 P.M. in the City Council
day
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 Aspe the ~/6~¢~ day of
$ ,ATTEST: '-.
'..Kathryn~; ..C~o-ch, City Clerk
CJ(~F~NAflf.Y, adopted, passed and approved this--/~-/ day of
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