The URL can be used to link to this page

Home My WebLink Aboutresolution.council.078-10 RESOLUTION NO.78 (Series of 2010) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 32, SERIES OF 2005 FOR THE PROPERTY DESCRIBED AS LOTS 6 -9, BLOCK 3 OF THE EAMES ADDITION, BEING A PARCEL OF LAND COMMONLY DESCRIBED AS 219 E. DURANT AVENUE, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 273513106002 WHEREAS, the Community Development Department received an application from Weston Capital Corporation (Receiver), represented by Jim DeFrancia, requesting approval of an extension of the vested rights granted for the 219 E. Durant Ave. pursuant to Ordinance No. 32, Series of 2005; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2005, which approved a subdivision/PUD and awarded Vested Property Rights status for the development of eleven (11) timeshare lodge units with twenty -one (21) keys and two (2) affordable housing units until September 8, 2008; and, WHEREAS, the applicant submitted and received a building permit during the above referenced vesting period, began construction of the project, and has an active building permit until June 30, 2011; WHEREAS, a development order remains valid subject to limitations outlined within the International Building Code; 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 approval of an extension of vested rights and the building permit until June 30, 2014; and, WHEREAS, the Aspen City Council has reviewed and considered the request 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 Resolution No. 78, Series of 2010 Page 1 of 4 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: Section 1: The Aspen City Council does hereby approve an extension of vested rights as approved by Ordinance No. 32, Series of 2005 through June 30, 2014, as well as an extension of building permit number 0037.2007.ACBK for the same time period conditioned on the following: 1. An amendment to the recorded Planned Unit Development Agreement (reception no. 520961) for the subject property be submitted to the city within 30 days of approval of the extension of vested rights request and incorporates all conditions required as part of the approval. 2. Within 60 days of an approval of extension of vested rights, the temporary gas utility meter should be disconnected unless there is a need for heat. The meter is still connected to the main line and subject to damage. 3. Within 60 days of an approval of extension of vested rights, the construction service electrical service should be disconnected unless there is a need for power. The service appears to be connected. 4. The non - galvanized bolts and nuts at the column and girder connections are rusting, within 60 days of an approval of extension of vested rights. A report from the engineer on record shall be provided outlining any necessary remediation. Additionally, the engineer on record will outline any necessary remediation prior to commencement of development. 5. Within 60 days of an approval of extension of vested rights, the applicant shall confirm that there is no standing water in the below grade levels. 6. Prior to reactivating construction on the site, special inspections on the field welds and high strength bolt connections shall be performed and approved. 7. Prior to reactivating construction on the site, special inspection of the concrete walls, slabs and elevator shafts shall be performed and approved. 8. Within 60 days of an approval of extension of vested rights, asphalt restoration in the parking area on the west side of Monarch shall be completed. The asphalt shall be milled and over -laid with new asphalt from the centerline of Monarch to Resolution No. 78, Series of 2010 Page 2 of 4 the curb on the west side of Monarch. Additionally, within two years of an approval of an extension of vested rights, asphalt restoration from the centerline of Dean to the curb on the north side of Dean shall be undertaken unless commencement of development on the site it reactivated, in which case restoration shall be required no later than issuance of a Certificate of Occupancy. 9. Within 60 days of an approval of extension of vested rights, curb and gutter replacement around the entire site (3 sides, Monarch, Dean, Durant) must be completed; there are multiple locations around the site that require new curbing and new gutter pans in order to properly convey drainage around the site. 10. Within 60 days of an approval of extension of vested rights, sidewalk on Monarch between Dean and Durant needs to be completed along with appropriate ADA ramps. 11. Within 60 days of an approval of extension of vested rights, trash pick -up on site must be completed, and maintained, this includes debris within the building site and surrounding the building site. 12. Within 60 days of an approval of extension of vested rights, permanent stabilization of the site, due to erosion, is required. This can be vegetation or stone. 13. Within 60 days of an approval of extension of vested rights, re- establish perimeter controls to contain sediment on the site and reduce erosion on site. 14. Prior to reactivating construction on the site, a new Construction Management Plan needs to be submitted and approved. 15. Within 60 days of an approval of vested rights, improved fencing around the site shall be installed. The fencing may be a combination of chain link and wood to improve the aesthetics. 16. Within 60 days of an approval of vested rights, a bond or other security acceptable to the city shall be issued for restoration of the property if no action is taken on the property within the period of the extended vested rights. 17. During the period of the extended vested rights, consistent monitoring of the site for trash and safety issues will occur. 18. The extension of vested rights shall not be effective until all conditions are met. 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 Resolution No. 78, Series of 2010 Page 3 of 4 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. • 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 5: A duly noticed public hearing on this Resolution was held on the 27th day of September, 2010 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed, and approved by a three to one (3 -1) vote on this 27th day of September, 2010. Approved as to form: Approved as to content: .��,, y Jim True, Special Counsel Michael C. Ireland, ayor Attest: o /J v.. c mi e re Kathryn S. Koch, City Clerk Resolution No. 78, Series of 2010 Page 4 of 4