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HomeMy WebLinkAboutresolution.council.096-09RESOLUTION N0.96 (Series of 2009) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE N0.32, SERIES OF 2003, FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD APPROVAL, BEING A PARCEL OF LAND DESCRIBED AS PARCELS 1, 2, AND 3, OF THE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITHIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from Aspen Land Fund II, LLC, represented by Sunny Vann, of Vann and Associates, requesting approval of a five-year extension of the vested rights granted for the South Aspen Street Subdivision/ PUD pursuant to Ordinance No. 32, Series of 2003; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2003, which approved asubdivision/PUD and awarded Vested Property Rights status for the development of fourteen (14) free-market residential units and seventeen (17) affordable housing units until July 28, 2006; and, WHEREAS, the statutory vested rights for the project were subsequently extended via the adoption of City Council Resolution No. 9, Series of 2008, to July 28, 2009, and then via resolution No. 9, Series of 2009, to January 28, 2011; and, WHEREAS, the subject property is described as Lots 1, 2, and 3, of the South Aspen Street Subdivision/Planned Unit Development as described on the subdivision plat thereof recorded as reception number 537080 in Book 83, Page 50, with the Pitkin County Clerk and Recorder; and, WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code, City Council may adopt a resolution granting an extension of vested rights after a duly noticed public hearing; and, WHEREAS, the Community Development Director has reviewed the application and has recommended approval of the extension of vested rights for the South Aspen Street Subdivision/ PUD; and, WHEREAS, the Aspen City Council has reviewed and considered the requested extension of vested rights for the South Aspen Street Subdivision/ PUD 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, WHEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the approval of the extension of City Council Resolution No. 96, Series of 2009. Page 1 vested rights proposal, 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 COUNCIL OF ASPEN, COLORADO, THAT: Section 1: The Aspen City Council does hereby extend the statutory vested rights as approved by Ordinance No. 32, Series of 2003, for pazcels 1, 2, and 3, of the South Aspen Street Subdivision/PUD, City and Townsite of Aspen for the South Aspen Street Subdivision/PUD with the following conditions: 1. This extension is for the sole purpose of enabling the continued review of the "COWOP" application for an alternate development plan on this site vis-a-vis lodging and fractional ownership uses. At the time the "COWOP" land use application for alodging/fractional ownership development on this property is either approved, not approved, or is withdrawn, including any time necessary for a public vote or referendum, the vested rights associated with the "townhomes project" approved pursuant to Ordinance 32, Series of 2003, shall remain valid for twenty-four additional months from the effective date of such action. A six- month period of inactivity shall constitute a withdrawal of the application. 2. The statutory vested property right shall not preclude the applications or regulations which are general in nature and aze applicable to all property subject to 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. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, and impact fees that aze in effect at the time of building permit, unless an exemption therefrom is granted in writing. Section 2• Due to the Applicant's voluntary participation in the COWOP process for alodging / fractional ownership development on this site and its suspension to date of the building permit process for the townhomes project, the Applicant in its discretion may reactivate its building permit application at any time prior to the expiration date described above. Section 3• 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, aze 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. City Council Resolution No. 96, Series of 2009. Page 2 Section 4• 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 5• 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 sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6: A duly noticed public hearing on this Resolution was held on the 9s' day of November and the 7s' day of December, 2009, at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, resolved, adopted, passed, and approved by a ~ to a vote on this ~' day of ~l?~t.P~'~~-t'lt~, 2009. Approved as to form: Approved as to content: ._ and, John P. W~~ Ciorney Mich/~ Irel Kathryn 5.1~6ch, City Clerk City Council Resolution No. 96, Series of 2009. Page 3