HomeMy WebLinkAboutordinance.council.046-90 ORDINANCE N0.46
(SERIES OF 1990)
AN ORDINANCE OF T~E CITY OF ASPEN VESTING THE DEVELOPMENT RIGHTS
FOR T~IE SANDERS STREAM MARGIN REVIEW
W~EREAS, on June 5, 1990, the Aspen Planning and Zoning
CommissIon unanimously approved the riverside development
proposal for the Sanders residential expansion at 1280 Red Butte
Drive (Lot 1 Gaylord SubdIvision); and
W}{EREAS, a request for Vested Rights for the Sanders Stream
Margin Review was submitted to the Planning office by project
representative Sunny Vann; and
WHEREAS, pursuant to Section 6-207 of the Aspen Land Use
Code revision date May 25, 1988, the City Council may grant
Vesting of Development Rights for a period of three years; and
WHEREAS, the Planning Office recommends that Council approve
Vesting of Development Rights for the Sanders Stream Margin
Review.
NOW, TREREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1:
That it does hereby grant Vested Rights for the Sanders
Stream Margin Review. The rights granted by the site specific
development plan shall remain vested 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 the Land Use Code shall also result in
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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 provided for in Sec. 6-207
(D) .
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:
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
of the C~ty 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 ~egard, as a condition of this site development
I approval, the applicant shall abide by any and all such building,
fire, plumbing, electrIcal and mechanical codes, unless an
I~O exemption therefrom is granted in writing.
Section 6:
That the City Clerk is directed, upon. the adoption of this
ordinance, to record a copy of this ordinance in the office of
the Pitkin County Clerk and Recorder.
Section 7:
A public hearing on the Ordinance shall be held on the ~
day of /~ , 1990 at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
a hearing of public notice of the same shall be published in a
newspaper of general circulation within the city of Aspen.
INTRODUCED, READ AND ORDERED PUBLISRED as provided by law,
the City Council of the city of Aspen on the ~5~ day of
, 1990.
'..~/~,~ William L. Stifling, Mayor
: ?~}~.'- ~och, City Clerk
, 1989 .
.
Will~am L, Stirlzng, Ma~or
~T.EST .....
tkvj/sanders, ord
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