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HomeMy WebLinkAboutordinance.council.047-90 ORDINANCE NO. 47 (SERIES OF 1990) AN ORDINANCE OF T~J~ CITY OF ASPEN VESTING THE DEVELOPMENT RIGHTS FOR THE ARUNDALE STRY~AM MARGIN REVIEW W~H~REAS, on June 5, 1990, the Aspen Planning and Zoning Commission approved by a 5-2 vote the riverside development proposal for the Arundale resIdential construction on East Hopkins Ave. at the Roaring Fork River (Lots 3 and 4, Block 5 Riverside Addition); and WHEREAS, a request for Vested Rights for the Arundale Stream Margin Review was submitted to the Planning Office by project representative Glen Horn; and WHEREAS, pursuant to Section 6-207 of the Aspen Land Use Code revision date May 25, 1988, the C~ty 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 Arundale Stream Margin Review. NOW, THEI~EFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant Vested Rights for the Arundale 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 t~e 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 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 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 ~I {254;9 f~/l?/~(~ f0~'~ I'¢~ ~5,,C~,'~ ~[ 62? F'~ 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 Pltkln County Clerk and Recorder. Section 7: A public hearing on the 0rdJnance shall be held on the ~ of ~ , 1990 at 5:00 P.M. in the City Council Chambers, day Aspen C~ty 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 th~ city of Aspen. INTRODUCED, RF2~D AND OD--D PUBLISHED as provided by law, by the City Council of the C~ty of Aspen on the ~ day of ~ , 1990. ......... ~'~--~- William L. Stirling, ~yor · ~ L'..~,~ ~  ~LLY, adopted, passed and approved this ~jr~ day of ~%~,~ unaale, ord 3 I' ~?'Cq~'I~; F~/L'~'/~O l{_,i:%-A F~ '~,lC'.,,c-~(h Ed &2~ F'n~