HomeMy WebLinkAboutresolution.council.068-12 RESOLUTION NO. 68
(Series of 2012)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN
EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO.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, PITKIN COUNTY, COLORADO.
Parcel No. 2735-131-39-001 (Parcel 1)
Parcel No. 2735-131-39-002 (Parcel 2)
Parcel No. 2735-131-39-003 (Parcel 3)
WHEREAS, the Community Development Department received an application
from ASV Aspen Street Owners, LLC, represented by David Parker, of Bald Mountain
Development, requesting approval of an amended townhome development relative to the
townhome development approved under the South Aspen Street Subdivision/ PUD
pursuant to Ordinance No. 32, Series of 2003; and,
WHEREAS, during the public hearing process for the amended townhomes plan,
City Council related its interest in seeing a lodge developed on the site, after further
discussion the Applicant has agreed to consider a lodge development on the site; and,
WHEREAS, in pursuing a lodge development the Applicant wishes to preserve
the existing vested rights for the entitled townhome development; and
WHEREAS, City Council adopted Ordinance No. 32, Series of 2003, which
approved a subdivision/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 March 1, 2013; 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,
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City Council Resolution No. 68, Janice K. Vos Caudill, Pitkin County, CO
Series of 2012. Page 1
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
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 extend the statutory vested rights as approved by
Ordinance No. 32, Series of 2003, for parcels 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 review of an alternative
development plan on this site vis-à-vis lodging, residential, commercial, and
fractional ownership uses. At the time the "Lodge" land use application for this
property is either approved, not approved, or is withdrawn, 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 application of
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. The
developer shall abide by any and all such building, fire, plumbing, electrical and
mechanical codes, and impact fees that are 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 developing an alternative development
plan on this site and its suspension of the current land use application for an amended
City Council Resolution No. 68,
Series of 2012. Page 2
townhome project, City Council considers the amended townhomes application to be
suspended until a lodging project is approved, denied, or withdrawn by the applicant. At
such time, the amended townhome application shall be considered reactivated to continue in
its review process. The "abandonment of application" provisions of Section 26.304.070.F
shall not apply during this period of suspension.
For the period of suspension of the amended townhomes application, the "no-two-
applications" provision of Section 26.304.030.F shall not apply. An application for an
alternative development plan on this property for a lodge development may be accepted and
reviewed by the City.
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 23'1 day of July, at 5:00
PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
FINALLY, resolved, adopted, passed, and approved by a four to zero vote on this 23rd day
of July, 2012.
Approved as to form: Approved as to content:
cr---- ,
ames R. True, City Attorney Michael C. Ireland,Mayor
Att uA••st:
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Kathryn S oc , City Clerk
City Council Resolution No. 68,
Series of 2012. Page 3