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HomeMy WebLinkAboutordinance.council.046-93~ ~=. 0~/24/94 05:2~"1P PG 1. OF 4 REC DOC ._. 68~8 B-745 P-651 - - SILVIA DAVIS PI]'KIN COUNTY CL_ERK & RECORDER 20.00 ORDINANCE NO.46 (SERIES OF 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION EXEMPTION FOR CONDOMINIUMIZATION AND VESTED RIGHTS FOR THE CENTRAL BANK PROPERTY, LOCATED AT 420 EAST MAIN STREET (1/2 OF LOT L, AND ALL OF LOTS M, N, O, P, Q, R, & S, BLOCK 86, TOWNSITE OF ASPEN, COLORADO). WHEREAS, pursuant to Sections 24-7-1003 and 24-7-1007 of the Aspen Municipal Code, condominiumization may be granted a subdivision exemption by the city Council; and WHEREAS, pursuant to Section 24-6-207 of the Municipal Code, the City Council may grant vested rights status for a period of three years upon adoption of a site specific development plan; and WHEREAS, Ronald Garfield and Andrew V. Hecht submitted an application to the Planning Office for Subdivision Exemption for condominiumization of the Central Bank Property; and WHEREAS, staff included vested rights approval by ordinance for the condominiumization approval granted by the city Council; and WHEREAS, the Engineering Department has reviewed the application and made 'referral comments; and WHEREAS, the Planning Office, having reviewed the application pursuant to Sections 24-7-1003, 24-7-1007 and 24-6-207 of the Aspen Municipal Code and the referral comments from the Engineering Department, recommends approval of the condominiumization and vested rights for a period of three years with conditions; and WHEREAS, the Aspen City Council having considered the Planning office~s recommendations for condominiumization and vested rights does wish to grant the requested Subdivision Exemption ~for 1 condominiumization and vested rights for Subdivision Exemption for the Central Bank Property° NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That is does hereby grant a Subdivision Exemption for condominiumization of the Central Bank Property located at 420 East Main Street (1/2 of Lot L and all of Lots M,N,O,P,Q,R,and S, Block 86, Townsite of Aspen) pursuant to Sections 24-7-1003 and 24-7- 1007 of the Aspen Municipal Code. Section 2: The conditions of approval for the Subdivision Exemption are: 1) The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way. 2) Prior to the sale of either unit, a condominium plat must be approved by the City Engineer and recorded by the Pitkin County Clerk and Recorder. This plat shall meet the requirements of Section 24-7-1004 D.2. of the Aspen Municipal Code as well as the comments of the Engineering Department review memo dated August 10, 1993 (item 2. "Parking" is modified to read "Identify all parking spaces which meet the dimensional requirements of the City Code. Parking gates must also be shown on plat as these are a major structure on the property.") 3) A Subdivision Exemption Agreement shall be submitted and filed concurrently with the Condominium Plat. 4) Ail material representations made by the applicant in the application and during public meetings with the city Council shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. Section 3: Pursuant to Section 24-6-207 of the Municipal Code, city Council does hereby grant vested rights for the Central Bank Property subdivision exemption approval as follows: 2 -~ ~= P-65~2 0.../=4/94 . ._68.~u8 B-745 _ ~ ~ ¢]~:21]P PG 2 OF 4 568258 B-745 F'--655 0:~/24/94 05:20P PG 5 OF 4 1. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. 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 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, as 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. Section 4: 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: 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. Section 5: That the City Clerk be and hereby 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 6: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 7: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 8: A public hearing on the Ordinance shall be held on the ~7 day of~,~~993 at 5:00 P.M. in the city Council Chambers, Aspen city Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the city of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the /~ day of John Bennett, Mayor City C] ,rk · adopted, passed and approved this ~'- day of John B~'nnett, Mayor 368258 B-.?45 P-Sg4 0J/24/94 05.. CF PG 4 OF 4