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RESOLUTION NO. 88
(Series of 2018)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A THREE YEAR
REINSTATENMENT AND/OR EXTENSION OF THE VESTED RIGHTS GRANTED BY
ORDINANCE NO. 16 (SERIES OF 2015), ORDINANCE NO. 32 (SERIES OF 2015),
ORDINANCE NO. 33 (SERIES OF 2015), AND ORDINANCE NO.23 (SERIES OF 2016) OF
THE RANGER STATION SUBDIVISION, LEGALLY DESCRIBED AS LOT 1 THROUGH 5 OF
RANGER STATION SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY COLORADO
Parcel No. 2735-124-28-001 through 2735-124-28-005
WHEREAS, the Community Development Department received an
application from St. George Investments LLC (owner of Lots 1 & 2), Smugg, LLC
(owner of Lot 3), Aspen Dragonfly Partners III, LLC (owner of Lot 4), and Aspen
Dragonfly Partners IV, LLC (owner of Lot 5) represented by Curtis Sanders of
Sherman and Howard, requesting a reinstatement of the vested rights for Lots 4
and 5 and an extension of the vested rights of Lots 1, 2 and 3; and,
WHEREAS, the City and lot owners developed and recorded an amended
plat, a development agreement, a maintenance agreement and a ditch
easement to meet the obligations outlined in Ordinance No. 23 (Series of 2016)
associated with the Ranger Station Subdivision; and,
WHEREAS, the applicants submitted a request to reinstate the vested rights
associated with the lots for three years; and,
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 recommended an extension of vested rights until the end of the
calendar year or, in the alternative, to not approve the request; and,
WHEREAS, the Aspen City Council has reviewed and considered the
requested reinstatement and extension of vested rights for the subdivision 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 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.
P305
IX.a
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO,
THAT:
Section 1:
The Aspen City Council does hereby approve a three (3) year reinstatement of
the vested rights granted by Ordinance No. 16 (Series of 2015) through May 14,
2021 for Lots 4 and 5 and an extension of the vested rights granted by
Ordinances Nos. 32 and 33, Series of (2015) through October 8, 2021 for Lots 1, 2
and 3, of the Ranger Station Subdivision. The subsequent provisions of Ordinance
No. 23 (Series of 2016) is considered an amendment to the vested rights originally
granted in 2015 and shall expire on the new expiration date associated with
each lot. The following condition applies to all of the lots:
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 (with the
exception of the vested rights noted in the subject ordinances regarding
affordable housing mitigation during the vesting period) that are in effect
at the time of building permit, unless an exemption therefrom is granted in
writing.
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 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 23rd day of July
2018 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
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IX.a
FINALLY, adopted, passed, and approved by a _to_ (_ _) vote on this day
of 2018.
Approved as to form:
James R. True, City Attorney
Attest:
Linda Manning, City Clerk
Approved as to content:
Steven Skadron, Mayor