HomeMy WebLinkAboutresolution.council.042-09RESOLUTION N0.42
(SERIES 2009)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN TO APPROVE AN
EXTENSION OF VESTED RIGHTS GRANTED BY ORDINANCE N0.25 OF 2007 BY THE
CITY OF ASPEN COUNCIL FOR THE PROPOERTY COMMONLY DESCRIBED AS 201
NORTH MILL STREET, LEGALLY DESCRIBED AS JEROME PROFESSIONAL
BUILDING, CITY OF ASPEN, PITHIN COUNTY, COLORADO
Parcel Ideutilication Number 2737-073-17-010 - 2737-073-17-028
WHEREAS, the Community Development Department received an application from Herb
Klein, requesting a Vested Rights Extension for three years pursuant to Ordinance No. 25, Series of
2007; and
WHEREAS, The City Council adopted Ordinance No. 25, Series of 2007, which
approved a Subdivision Review and Vested Property Rights for the Jerome Professional Building
Redevelopment Vested Property Rights status for the demolition of the existing building and the
construction of a new building that consists of commercial/office space, five affordable housing
units and five free market units until February 4`h, 2011; and,
WHEREAS, the applicant submitted the application for extension of vested property
rights on March 24`h, 2009 before the vested rights expired in on February 4`h, 2011. The
property rights were approved via Ordinance No.25, Series of 2007; and,
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights ofthe 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 approval of an extension of vested rights for the 201 North Mill Street
Development under the City Council; and
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WHEREAS, the Aspen City Council has reviewed and considered the request of vested
rights extension for the 201 North Mill Street Jerome Professional Building Development approval
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 the extension of the vested rights proposal meets or
exceeds all applicable land use standazds and that the approval of the extension of vested rights with
conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this resolution furthers and is necessary for the
promotion of public health, safety, and welfaze.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN COUNCIL AS
FOLLOWS:
Section 1:
Pursuant to the procedures and standazds set forth in Section 26 of the City of Aspen Municipal
Code, the City Council hereby approves the request for an extension of vested rights for the
Jerome Professional Building until February 4, 2015 that were approved by Ordinance No. 25,
Series of 2007 by the City Council with the following conditions:
1. 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 aze in effect at the time of building permit, unless an exemption
granted in writing.
2. During the term of the extended vested rights granted hereby, the applicant shall not
process any amendment to the approved development plan that increases the floor
area of the free market residential units or the commercial units nor which reduces the
floor azea of the affordable housing units.
Section 2:
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation 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.
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Section 3•
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 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.
Section 5:
A public hearing on this resolution was held the 27 day of July, 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 27 day o~-Dufa~, 2009 by a 4 - 1 vote.
Atte t:
r
Kathryn S. h, City Clerk
Approved as to form:
Vehn'I'. orcester, City Attorney
Michael C. Ireland, Mayor
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