HomeMy WebLinkAboutordinance.council.035-91 ORDIITANCE N0.36
(SERIES OF 1991)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLOR~tDO,
VESTING THE DEVELOPMENT RIGHTS FOR THE FIBLD 8040 GREENLINE
APPROVAL AT 716 S. GALEICA (LOT 14, BLOCK 2, A~THONY SUBDIVISION)
WHEREAS, on January 16, 1990, the Planning Dire=tot granted
approval with conditions for exemption to 8040 Greenline review for
the development of a swiping pool at the Field residence; and
WHEREAS, a request for Vested Rights for the development
approval was submitted to the Planning Office by project
representative Joe Wells; and
WHEREAS, pursuant to Section 24-6-207 of the Aspen Municipal
Code the city Council may grant Vesting of Development Rights for
a period of three years from the date of final approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1~
Pursuant to Section 24-6-207 cf the Municipal Code, city Council
does hereby grant the applicant vested rights for the Field 8040
Sreenline Review as follows:
1. The rights granted by the site specific development plan
approved by this Ordinance shall remain vested until January
16, 1993. However, any failure to abide by the terms and
conditions attendant to this approval shall result in
forfeiture of said vested property rights. Failure to timely
and properly record all plats and agreements as specified
herein and or in the Municipal Code shall also result in the
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forfeiture of said vested rights.
2. The approval granted hereby shall be subject to all rights of
referendum and Judicial review.
3. Nothing in the approvals provided in this Ordinance shall
exempt the site specific development plan from subsequent
reviews and or approvals required by this Ordinance or the
general rules, regulations or ordinances or the City provided
that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
4. The establishment herein 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, es a condition of this site
development approval, the developer shall abide by any and
all such building, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in writing.
Sectio~ ]z The project is subject to compliance with any changes
in the Land Use Regulations enacted between the January 16, 1991
8040 Greenline approval and the adoption of this vested rights
ordinance.
Section 3: The City Clerk shall cause notice of this Ordinance to
be published in a newspaper of general circulations within the City
of Aspen no later than fourteen (14) days following final adoption
hereof. Such notice shall be given in the following form:
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Notice is hereby given to the general public of the approval
of a site specific development plan, and the creation of a
vested property right pursuant to Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following-
described property:
The property shall be described in the notice and appended to said
notice shall be the ordinance granting such approval.
Seotion 4:
A public hearing on the Ordinance shall be held on the ~
day of ~ , 1991 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 ~ ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the c~(kLm'' day of
~~,1991.
-- Joh~ Bennett, Mayor
ocb, City Clerk
FINALLY, adopted, passed and approved this ~A~_ day of
J nnett, Mayor
ATTEST:
Koch, City Clerk
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