HomeMy WebLinkAboutordinance.council.011-90 ORDINANCE NO. 11
(Series of 1990)
AN ORDINANCE OF TI{E CITY COUNCIL OF THE CITY OF ASPEN VESTING TH~
DEVELOPMENT I~IG~TS FOR SUBDIVISION, GMQS EXEMPTION, AND ONE
I~ESIDENTIA~ DEVELOPMENT ~_LLOTMENT FOR LOTS A, B, C, BLOCK 94 THE
SPORTSTA3~KER BUILDING IN THE SITE SPECIFIC PLAN/FINAL PLAT
WHEREAS, Glen Horn, representing colorado Cable
Corporation, has submitted a final plat to the Aspen City Council
for approval of the Sportstalker GMP allocation, subdivision and
GMQS Exemption for affordable housing; and
WI~EREAS, the Aspen City Council reviewed and approved said
final plat at a duly noticed public hearing on /~//F 19~; and
WHERF~%S, the City Council finds that the final plat for Lots
A, B, C, Block 94 Sportstalker Bumlding constitute the site
specifmc development plan for the property; and
WH/~REAS, Colorado Cable Corporation has requested that the
development rights for the Sportstalker Building, as defined and
approved in the Sportstalker Subdivmsion Agreement, site
specific development plan/final plat, more specifically described
mn Exhibit "A", be vested pursuant to Section 6-207 of the Aspen
Municipal Code; and
WHEREAS, the Aspen city Council desires to vest development
rights for Lots A, B, C, Block 94 in the 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 effectmve date hereof subject to the terms and
conditions contained in the Subdivision Agreement, site specifmc
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 Sportstalker Subdivision, GMQS Exemption, and
GMP allotment of one residential unit 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 Sportstalker 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.
2
Section 4 ~13~,,~, I~',,,~-,, I'~l ,r, [.,~,~ / ,,1~,-1. r 0<~<- 'b.z~
Nothing in this approval shall exempt the site speczfic
development plan from subse~ent 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 applicatzon of ordinances or regulations which are
general in nature and are applicable to all property sub3ect to
land use regulation by the City of Aspen including, but not
limited to, buzlding, 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 da~ of this ordinance, and the sam~ shall be
continued and concluded under such prior ordlnanc.es.
Section 8
A public hearing on the Ordinance shall be held
day of 7~ 1990, at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen, Colorado, fifteen (15) days prier 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
e City Council of the City of Aspen on the ~ day of
William L. Stirling~ Mayo~
~ATTES~. ~
;Kat_h~n ~. ~Koch, City Clerk
FINAI.I.Y, adopted, passed and approved this ~--~day of
\'\
William L. StirJ.~_ng, ~ayor
ATT~S ~: ,
K.at~h .ryn~/~. ~ooh, City Clerk
11. sport .vest