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HomeMy WebLinkAboutordinance.council.064-93156'7955 B-744. P-629 0~/16/94. 11:06A PG 1 OF 5 REC DOC SIL. VIA DAVIS F'ITKIN COUN~'Y CLERK ~ RECORDER 15.00 ORDINANCE N0.64 (SERIES OF 1993) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO~ VESTING FOR A PERIOD OF THREE YEARS THE DEVELOPMENT RIGHTS FOR THE GALENA PLAZA SITE SPECIFIC DEVELOPMENT PLAN APPROVAL LOCATED AT 420 E. MAIN STREET (E. HALF OF LOT L AND ALL OF LOTS M-S, BLOCK 86, TOWNSITE OF ASPEN). WHEREAS, the Aspen Planning and Zoning Commission reviewed the Galena Plaza expansion on November 16, 1993, and approved, in conjunction with growth management scoring, special reviews for a reduction of eleven parking spaces, reduction of approximately 500 square feet of open space, and a floor area bonus of approximately 790 square feet; and WHEREAS, Planning and Zoning Commission Resolution No.93-26 documents the growth management scoring and special review approvals; and WHEREAS, on December 6, 1993, the City Council granted approval of Resolution No.93-85 for a 4,400 square foot commercial/office growth management allocation for an expansion of the Galena Plaza project; and WHEREAS, a request for Vested Rights for the development was submitted to the Planning office within the growth management application; and WHEREAS, pursuant to Section 24-6-207 of the Aspen Municipal Code the City Council may grant Vesting of Development Rights for a site specific development plan for a period of three years from the date of final development plan approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO= 1 ~6~955 B-74.4 F'-650 0~/16/94. 11:06A PG 2 OF 5 Section 1: Pursuant to Section 24-6-207 of the Municipal Code, City Council does hereby grant the applicant vested rights for the Galena Plaza site specific development plan as follows: 1. The rights granted by the site specific development plan approved by this Ordinance shall remain vested un~il November 16, 1996. 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 of 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 iof 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 2: 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: 2 ~6"795:~ B-744 P-651 (}5/16/94 11:06A PG 5 OF' J The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 3: A public hearing on the Ordinance shall be held on the /~/ day of ~ , 199~ 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 PUBLISHED as provided by law, by the City Council of the City of Aspen on the ~ day of , 1993. Joh~ Bennett, Mayor Kathryn ~o-ch, City Clerk- _~,FINALLY, adopted, passed and approved this /~ day of , 199~. [ John Bennett, Mayor Kathryn s./~6ch/ City Clerk 3