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HomeMy WebLinkAboutordinance.council.043-89 O~IN~CE NO. (Series of 1989) ~ O~IN~CE OF ~E CITY CO~CIL OF ~ CITY OF ~PEN ~STING D~P~ RIG.S FOR ~ VO~ ~T SPLIT ~TS 1-8 & 11-20, B~CK 30~O~ F~TS SITE SPECIFIC P~/FIN~ P~T WHEREAS, Richard Yolk has submitted a final plat to the Aspen City Council for approval of the Volk Lot Split project; 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 the Volk Lot Split constitutes the site specific development plan for the property; and WHEREAS, Richard Volk has requested that the development _ rights for the Volk Lot Split, as defined and approved in'the Volk Lot Split 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 Volk Lot Split 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 of the Volk Lot Split, site specific development plan/final plat and herein below. · he City Council of the City of Aspen, as a consequence of its approval of the Vol~ ~ot Split, ~ots 1-8 & 1~-20, Bloc~ ~, O~lahoma Flats ~ot 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 Volk 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; 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 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, sub-section, 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 Gl.l. 630 the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 8 A//.---p~lic,hearing on the Ordinance shall be held on the day of~~1989, at 5:00 P.M. in the City Council Cha~ers, Aspen Cit~ 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. . I~ODUCED, ~D ~D O~E~D PUBLISHED as provided by law by  Council of the City of Aspen on the /~~ day of , 1989. ~~ ~ic~'~ Gas ,~' Y o~ Tern :'*~~. ~ ~o,h, City Clerk day of '".. ~ FIN~.~, adopted, passed and approved this William L. Stiding, Maydr :~~~ ~och, City Clerk