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HomeMy WebLinkAboutresolution.council.084-09RESOLUTION N0. ° ~ (SERIES OF 2009) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE CONCEPTUAL PLANNED UNIT DEVELOPMENT APPROVAL GRANTED VIA RESOLUTION NO. 74 (SERIES OF 2008) FOR ASPEN WALK, COMMONLY DESCRIBED AS 404 PARK AVENUE AND 414 PARK CIRCLE, LEGALLY DESCRIBED AS LOTS 3 AND 5, SUNNY PARK SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY, COLORADO Parce[ ID: 2737-074-04-705 2737-0741-04-70] WHEREAS, the Community Development Department received a written request for a one year extension of the Conceptual PUD approval granted through Resolution No. 74 (Series of 2009) from PFG Aspen Walk, LLC and the Aspen Pitkin County Housing Authority represented by Stan Clauson of Stan Clauson Associates, Inc; and, WHEREAS, the request was submitted no less than thirty days prior to the October 28, 2009, expiration date of the Conceptual PUD approval; and, WHEREAS, the Conceptual PUD granted, with conditions, the applicant to submit a Final PUD application to develop 14 free-market residential units and 18 affordable housing units on the subject site; and, WHEREAS, pursuant to Section 26.445.030 D., Limitations, of the Land Use Code, Conceptual PUD approval may be extended by City Council, "at its sole discretion and for good cause shown;" and, WHEREAS, on October 13, 2009, the City Council considered the request for the year extension of the Conceptual PUD approval; and, WHEREAS, the Council finds that good cause has been shown by the Applicants to grant a year extension of the Conceptual PUD approval. NOW, THEREFORE, BE IT RESOLVED that the Aspen City Council approves a one year extension of the Conceptual Planned Unit Development granted in Resolution No. 74 (Series of 2008) subject to the conditions listed in Section 1 below. Section 1: The approval is subject to the following conditions: A. The one year extension of the Conceptual PUD approval shall expire on October 28, 2010. B. All conditions outlined in Resolution No. 74 (Series of 2008) are valid and in effect. Page 1 of 2 Section 2: 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and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: 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. APPROVED by the City Council at a regular meeting on October 13, 2009. Attest: `,~':~" Gc / Kathryn S. Koch, City Clerk Approved as to form: _----- Ci ey Page 2 of 2