HomeMy WebLinkAboutresolution.council.011-19 RECEPTION#: 655082, R: $23.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 3, 04/08/2019 at 10:18:31 AM
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION NO. 11
(Series of 2019)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF THE
VESTED RIGHTS ASSOCIATED WITH ORDINANCE NO. 2 (SERIES OF 2015), ORDINANCE
NO. 6 (SERIES OF 2016), PLANNING AND ZONING RESOLUTION No. 4 (SERIES OF 2016),
AND ASSOCIATED DEVELOPMENT AGREEMENT (RECEPTION No. 636058) FOR BASE 1
LODGE, LEGALLY DESCRIBED AS THE EASTERLY 9.27 FEET OF LOT Q, AND ALL OF LOTS R
AND S, BLOCK 105, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY COLORADO
Parcel No. 273718227904 and 273718227004
WHEREAS, the Community Development Department received an
application from 730 E. Cooper LLC (represented by Chris Bendon of
BendonAdams, LLC) for property located at 730 E. Cooper Ave, requesting an
extension of vested rights for the previously approved Base 1 Lodge; and,
WHEREAS, the Applicant has submitted a request to extend the vested
rights for the property for a period of 18 months. Current vested rights for the
subject property expire on July 7th, 2019.
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the
Land Use Code, City Council may grant a reinstatement or 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 finds that from the time of the adoption of the Base 1 Lodge
Ordinances, the Land Use Code has not been amended in such a way that it
would significantly or fundamentally change the Base 1 Lodge development
from its current vested approval; and, the Director further finds that a more
reasonable timeframe be considered for extending the vested rights and
recommends approval for a 12 month extension; and,
WHEREAS, the Community Development Director further finds that the
Applicant has made significant expenditures obtaining the land use approvals
by engaging architectural and engineering services and recording plan sets;
and,
WHEREAS, the Aspen City Council has reviewed and considered the
extension of vested rights for the Base 1 Lodge 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 approval of a 12
month extension of vested rights meets regulatory requirements; 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 the vested rights
for the Base 1 Lodge granted by Ordinance No. 2, (Series of 2015), Ordinance 6,
(Series 2016), Planning and Zoning Commission Resolution No. 4 (Series 2016), and
the associated Development Agreement recorded at Reception No. 636058.
Vesting for these approvals shall expire on July 7th, 2020 if the following conditions
are met:
A. That the reinstatement and extension herein of a vested property right
shall not preclude the applications or regulations which are general in
nature and are 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 that are
in effect at the time of building permit, unless an exemption therefrom is
granted in writing.
B. By July 7, 2019, the Applicant shall apply for a Planned Development
Project Review Amendment application (1 st step review by City Council)
to remove a lower level of the lodge building basement.
C. Housing mitigation and required parking shall comply with Land Use Code
regulations in place at the time of the amendment submission.
D. If the above conditions are satisfied, vested rights shall expire on July 7th,
2020.
Section 2:
If the above conditions are not satisfied, vested rights shall expire on January 7th,
2020.
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, 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 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.
Section 6:
A duly noticed public hearing on this Resolution was held on the 25th day of
February 2019 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen,
Colorado.
FINALLY, adopted, passed, and approved by a four to one (4-1) vote on this 25th
day of February 2019.
Approved as to form: Approved as to content.
'James R. True, City Attorney St ven S a ron, Mayor
A st:
Linda Manning, City CI rk