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HomeMy WebLinkAboutresolution.council.037B-09 RECEPTION #: 561638, 08/04/2009 at 08:58:26 AM, 1 OF 3. R $16.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION NO. 37 -13 (SERIES 2009) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, TO APPROVE AN EXTENSION OF VESTED RIGHTS GRANTED BY ORDINANCE NO. 16 SERIES OF 2006 BY THE CITY OF ASPEN CITY COUNCIL FOR THE PROPERTY COMMONLY DESCRIBED AS THE HANNAH DUSTIN PROPERTY, 300 S. SPRING STREET, LEGALLY DESCRIBED AS UNIT A, HANNAH DUSTIN SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO Parcel Identification Number 273'- 18 -2 -27 -001 WHEREAS, the Community Development Department received an application from the Snowmass Corporation, requesting an Extension of Vested Rights pursuant to Ordinance No. 16, Series of 2006; and WHEREAS, The Aspen City Council adopted Ordinance No. 16, Series of 2006, which approved the Hannah Dustin Subdivision, and awarded Vested Property Rights status for two free market residential units, three deed - restricted affordable housing units and 2,440 square feet of office space, until July 31, 2009; and, WHEREAS, the applicant submitted the application for a three (3) year Extension of Vested Rights before the vested rights expired in 2009; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may grant an Extension of Vested Rights after a public hearing is held and a resolution is adopted; and, WHEREAS, the Community Development Director has reviewed the application and recommended an approval for a one (1) year Extension of Vested Rights rather than a three (3) year Extension of Vested Rights, for Unit A (Commercial Phase) of the Hannah Dustin Subdivision; and WHEREAS, the Aspen City Council has reviewed and considered an Extension of Vested Rights for Unit A (Commercial Phase) of the Hannah Dustin Subdivision under the 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, WHEREAS, the City Council finds that a three (3) year Extension of Vested Rights proposal is not consistent with the applicable land use standards; however, a two (2) year Extension of Vested Rights is consistent with the applicable land use standards; and, WHEREAS, the City Council finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. ,.., NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN COUNCIL AS ;~, FOLLOWS: Section 1: Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the City Council hereby approves a two (2) year Extension of Vested Rights for Unit A of the Hannah Dustin Subdivision that was approved by Ordinance No. 16, Series of 2006 by the Aspen City Council, with the new vested rights expiration date of July 31, 2011, with the following conditions: That the establishment herein of a vested property right shall not preclude the application or regulations which are general in nature and are applicable to all property subject to the land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical, and mechanical codes, and all adopted impact fees that are in effect at the time of building permit, unless an exemption granted in writing. Section 2: The building, 300 Spring Street, is required to provide water curtain protection for the building's openings on the east side of the building as well as sprinkler protection for any room within the building that includes an exterior wall on the east side of the building. This measure provides interim fire protection between the subject building and the building known as 707 E. Hyman Avenue until a comprehensive fire protection system for the building can be installed. The initial installation's design, or city-approved alternative fire suppression method, shall be completed by July 10, 2009, or the extension of vested rights granted within this resolution shall become null and void. The installation of the approved design shall be completed by October 9, 2009, or the extension of vested rights granted within this resolution shall become null and void. A NFPA fire sprinkler system, or city-approved alternative system, shall be installed and completed throughout the building by the expiration date of the vested rights in the event a building permit is not issued. If a building permit is issued, the system shall be installed before the issuance of a Certificate of Occupancy. Section 3• The date upon which vested rights expire according to this resolution will be July 31, 2011, which will be considered the "Commencement Deadline" as described in the Second Amendment to Subdivision Agreement for the Hannah Dustin Subdivision, approved by Aspen City Council as Resolution No. 13, Series of 2009. Section 4: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awazded, whether in public hearing or documentation presented before the City Council, aze hereby incorporated in such plan .n„ development approvals and the same shall be complied with as if fully set forth herein, ,,,~~, unless amended by an authorized entity. Section 5: This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions. Section 6: 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. Section 7: A public hearing on this resolution was held the 8`h day of June, 2009, in the City Council Chambers, 130 S. Galena, 15 days prior to which public notice was published in a newspaper of general circulation within the City of Aspen. FINALLY adopted, passed and approved this 8`h day of June, 2009 by a 5-0 vote. Attes Kathryn S. K ,City Clerk Approv-~rm: ~ohn P. Worcester, Ci y