HomeMy WebLinkAboutresolution.council.017-10RESOLUTION NO. 17
(Series of 2010)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN
EXTENSION OF THE VESTED RIGHTS ESTABLISHED BY HPC RESOLUTION
#5, SERIES OF 2007, FOR THE JEWISH COMMUNITY CENTER AT 435 W. MAIN
STREET, LOTS A-I, BLOCK 38, CITY AND TOWNSITE OF ASPEN, PITKIN
COUNTY, COLORADO
WHEREAS, the Community Development Department received an application
from The Jewish Resource Center Chabad of Aspen, represented by Alan Richman
Planning Services, requesting approval of a three-year extension of the vested rights
granted for the Jewish Community Center through HPC Resolution #5, Series of 2007;
and,
WHEREAS, HPC adopted Resolution #5, Series of 2007, which approved
worship space, library, office and community areas, affordable housing, and a preschool
until February 25, 2010; and
WHEREAS, the subject property is described as 435 W. Main Street, lots A-I,
Block 38, City and Townsite of Aspen, Colorado; 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 Jewish
Community Center; and,
WHEREAS, the Aspen City Council has reviewed and considered the requested
extension of vested rights for the Jewish Community Center 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
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 welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, THAT:
City Council Resolution No. 17,
Series of 2010. Page 1
Section 1
The Aspen City Council does hereby extend the statutory vested rights as approved by
HPC Resolution #5, Series of 2007 for the Jewish Community Center at 435 W. Main
Street, Lots A-I, Block 38, City and Townsite of Aspen, Colorado to March 1, 2013, with
the following condition:
1. 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:
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.
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 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.
Section 6:
A duly noticed public hearing on this Resolution was held on the 22"d day of February, 2010
at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
FINALLY, resolved, adopted, passed, and approved by a 5 to 0 vote on this 22"d day of
February, 2010.
City Council Resolution No. 17,
Series of 2010. Page 2
Approved as to form:
orces er, City Attorney
Attest:
Kathryn S. K ,City Clerk
City Council Resolution No. 17,
Series of 2010. Page 3
Approved as to content: