HomeMy WebLinkAboutresolution.council.126-00 Resolution No. 126
(SERIES OF 2000)
RESOLUTION OF THE ASPEN CITY COUNCIL
APPROVING RECORDATION EXTENSION REQUEST FOR THE PLANNED
UNIT DEVELOPMENT PLAT, DRAWINGS, AND AGREEMENT FOR MOLLY
GIBSON EMPLOYEE HOUSING LOCATED AT 101 WEST MAIN STREET,
CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2735-124-55-060
WHEREAS, the Community Development Department received an application
from David Tash, "owner in part" of the Molly Gibson Lodge, requesting an additional
60-day extension to record Ordinance No. 56, Series 1999 adopted by City Council on
January 10, 2000 for the Molly Gibson Employee Housing Planned Unit Development to
add a 3-bedroom employee unit to the Molly Gibson Lodge located at 101 West Main
Street, Aspen, Colorado; and
WHEREAS, the subject property is located in the Office, R-6, and Lodge
Preservation Zone Districts; and,
WHEREAS, Planning and Zoning Commission approved this request for Minor
PUD on December 7, 1999 and City Council approved this request for Minor PUD as per
Ordinance No. 56, Series 1999 on January 10, 2000; and
WHEREAS, during a duly noticed public hearing at a regular meeting on July
10, 2000, the City Council, approved Resolution No. 96, Series of 2000, granting a 60-
day extension to record Ordinance No. 56, Series 1999 and associated plats, drawings,
and agreements for the Molly Gibson Employee Housing Planned Unit Development to
add a 3-bedroom employee unit to the Molly Gibson Lodge located at 101 West Main
Street, Aspen, Colorado, with conditions, by a vote of five to zero.
WItEREAS, pursuant to Section 26.445.070 of the Aspen Municipal Code,
Recording a Final PUD Development Plan, City Council may, at its sole discretion and
for good cause shown, grant an extension of the deadline, provided a written request for
extension is received no less than thirty (30) days prior to the deadline. Reconsideration
of the final development plan and PUD agreement by the Planning and Zoning
Commission and City Council may be required before its acceptance and recording; and
WHEREAS, the Community Development Director has reviewed the application
and recommended approval of an additional sixty (60) day extension to record the Molly
Gibson Lodge Planned Unit Development Agreement and Final Plat for one (1) three (3)
bedroom employee dwelling unit; and,
WHEREAS, the Aspen City Council has reviewed and considered the extension to
record Ordinance No. 56, Series 1999 for the Molly Gibson Employee Housing Planned
Unit Development under the applicable provisions of the Municipal Code as identified
herein, has reviewed and considered the recommendation of the Community Development
Director, and has taken and considered public comment at a public hearing; and,
VOtEREAS, the City Council finds that the extension to record Ordinance No. 56,
Series 1999 for the Molly Gibson Employee Housing Planned Unit Development meets
or exceeds all applicable land use standards and that the approval of the extension, with
conditions, is consistent with the goals and elements of the Aspen Area Community Plan;
and,
VOtEREAS, during a duly noticed public hearing at a regular meeting on
September 1 i, 2000, the City Council, approved a 50-day extension to record Ordinance
No. 56, Series 1999 and associated plats, drawings, and agreements for the Molly Gibson
Employee Housing Planned Unit Development to add a 3-bedroom employee unit to the
Molly Gibson Lodge located at 101 West Main Street, Aspen, Colorado, with conditions,
by a vote of to
WHEREAS, the City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, THAT:
Section 1:
The Aspen City Council does hereby approve a sixty (60) day extension to November 9,
2000, to record Ordinance No. 56, Series 1999 and associated plats, drawings, and
agreements for the Molly Gibson Employee Housing P1armed Unit Development to add a
3-bedroom employee unit to the Molly Gibson Lodge located at 101 West Main Street,
Aspen, Colorado with the following conditions:
1. That the deed restriction as referenced in conditions 12 and 20 of Ordinance 56,
Series 1999 adopted by City Council on January 10, 2000 be changed to a
Category 2 deed restriction limiting the occupancy of the three (3) bedroom
employee housing unit solely to employees of the Molly Gibson Lodge. Such
deed restriction must be submitted prior to the application of a building permit
and meet with the approval of the City Attorney.
Section 2:
All material representations and commitments made by the applicant pursuant m the
development proposal approvals as herein awarded, whether in public hearing or
documemation presented before the City Council, are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein,
unless amended by an authorized entity.
Section 3:
This Resolution 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 4:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof.
FINALLY, adopted passed, and approved this 1 lth day of September, 2000.
Approved as to form: Approved as to content:
Joh~ V~r~e~s~e~, ~ity Attorney chel ~. RiCh
Attest:
a ryn S. K~eee~ C~__Clerk