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HomeMy WebLinkAboutresolution.council.019-02 RESO,, ION NO. CS ES OF 2002) A RESOLUTION OF TI-{E ASPEN CITY COUNCIL APPROVING AN EXTENSION OF TIlE DEADLINE FOR TI{E SUBMISSION OF THE FINAL PUD DEVELOPIVIENT PLAN APPLICATION FOR TIlE BARBEE, PARKING LOT AND MINE APARTMENTS PROPERTIES, CITY OF ASPEN, PITKIN COUNTY, COLORADO Parcel ID: 2735-131-130-01 Parcel ID: 2735-131-140-03 Parcel ID: 2735-131-230-01 WHEREAS, the Community Development Department received an application from Savanah Limited Parmership, owner, represented by Vann Associates, LLC, request'mg a 45-day extension of the deadline for submission of the final PUD development plan application for the Barbee, Parking Lot and Mine Dump Apartments properties; and WHEREAS, pursuant to Section 26.445.030(D) of the Aspen Municipal Code, City Council may, at its sole discretion and for good cause shown, grant an extension of the submis- sion deadline; and WHEREAS, the Community Development Director has reviewed the application and recommended approval of a 45-day extension of the deadline for the submission of the final PUD development plan application for the Barbee, Parking Lot and Mine Dump Apartments properties finding that the Applicant provided a written request indicating good cause; and WHEREAS, the Aspen City Council has reviewed and considered the Applicant's extension request for the Barbee, Parking Lot and Mine Dump Apartments properties under the applicable provisions of the Municipal Code as identified herein, and has reviewed and consid- ered a recommendation form the Community Development Director; and WHEREAS, the City Council finds that the Applicant's extension request meets or exceeds all applicable land use standards and that the approval of the extension, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WI-~REAS, during a duly noticed public meeting on March i1, 2002, the City Council approved a 45-day extension of the deadline for the submission of the final PUD development plan application for the Barbee, Parking Lot and Mine Dump Apartments properties by a vote of 5. toE) ;and WI-IEREAS, 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, COLO- RADO, THAT: Section 1: The Aspen City Council does hereby approve a 45-day extension to May 24, 2002, to submit the final PUD development plan application for the Barbee, Parking Lot and Mine Dump Apartments properties with the following conditions: 1. All prior approvals shall remain in full force and effect. 2. Failure to submit the final PUD development plan application by May 24, 2002 shall render the conceptual PUD development plan approval null and void. Section 2: All material representations 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 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 effect 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 remainLng portions thereof. FINALLY, adopted, passed and approved this 1 lth day of March, 2002. Approved as to form: Approved as to content: Johh-'W-~'c~ster, City Attorney Attest: Kathryn Sfp(Ki)c-h, City Clerk