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Home My WebLink Aboutresolution.apz.016-11 RESOLUTION No. 16 (SERIES OF 2011) A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, APPROVING A PLANNED UNIT DEVELOPMENT — OTHER AMENDMENT FOR THE PROPERTY LOCATED AT 233 EAST COOPER AVENUE, AKc& MONARCH ON THE PARK CONDOMINIUM, UNIT P -3, CITY AND TOWNSITE OF ASPEN Parcel Identification Number: 2737 - 182 -19 -015 WHEREAS, MOP LLC, a Nevada limited liability corporation submitted a request for an amendment of PUD development order Planned Unit Development Amendment to the Planning and Zoning Commission; and WHEREAS, the property is located is zoned Lodge (L) with a PUD Overlay; and, WHEREAS, the Planned Unit Development approval for the Property was originally approved by the Aspen City Council via Ordinance No. 1 Series of 2006, and the Limelight PUD Plat is recorded in the records of the Clerk and Recorder for Pitkin County at Plat Book 80 Page, 20, Reception No. 2526850 (the "PUD "); and WHEREAS, upon initial review of the application and the applicable code standards, the Community Development Department recommended approval of the PUD Amendment; and, WHEREAS, during a regular meeting on September 6, 2011, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project; and WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal meets all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen Planning and Zoning Commission 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 OF ASPEN PLANNING AND ZONING COMMISSION AS FOLLOWS: RECEPTION #: 582727, 09/14/2011 at 09:40:13 AM, 1 OF 4, R $26.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO Section 1: The PUD is hereby amended to allow the addition of a privacy screen for the unit located at Penthouse #3, aka Monarch on the Park Condominium Unit P -3, as depicted in Exhibit A to this Resolution. 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 Planning and Zoning Commission 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: Vested Rights The development approvals granted herein shall constitute a site - specific development plan and a vested property right attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. The vesting period of these vested property rights shall be for three (3) years which shall not begin to run until the date of the publications required to be made as set forth below. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050, Void Permits. Zoning that is not part of the approved site - specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of this Resolution, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to Chapter 26.308, Vested Property Rights. Pursuant to Section 26.304.070(A), Development Orders, such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 233 East Cooper Avenue, Monarch on the Park Condominiums Unit P -3, City and Townsite of Aspen, Colorado. The vested rights granted hereby shall be subject to all rights of referendum and judicial review. The period of time permitted by law to exercise the right of referendum to refer to the electorate this Section of this Ordinance granting vested rights; or, to seek judicial review of the grant of vested rights shall not begin to run until the date of publication of the notice of final development 2 approval as set forth above. The rights of referendum described herein shall be no greater than those set forth in the Colorado Constitution and the Aspen Home Rule Charter. 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 separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. APPROVED BY the Planning and Zoning Commission of the City of Aspen on this 6 day of September, 2011. Stan Gibbs, Chairman APPROVED AS FORM: OFORM: mes R. 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