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RESOLUTION NO. 006
(SERIES OF 2020)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A 24
MONTH EXTENSION OF VESTED RIGHTS AND A MINOR AMENDMENT TO A
PROJECT REVIEW APPROVAL TO REMOVE THE ON-SITE AFFORDABLE
HOUSING UNIT AT 101 W. MAIN STREET, LEGALLY DESCRIBED AS LOTS 1 AND
2, MOLLY GIBSON LODGE PLANNED DEVELOPMENT AND SUBDIVISION
ACCORDING TO THE FINAL PLAT THEREOF RECORDED JULY 21, 2016 IN PLAT
BOOK 115 AT PAGE 1 AS RECEPTION NO. 630849, PITKIN COUNTY, COLORADO.
Parcel ID: 273512455067, 273512455005
WHEREAS,the Community Development Department received an application from
Stan Clauson Associates, Inc., on behalf of Haymax Lodging LLC, a Delaware limited
liability company, requesting a twenty-four (24) month extension of vested rights associated
with Ordinance No. 3, Series 2015 and as extended by Resolution No. 8, Series 2018 that are set
to expire June 24, 2020 and a Minor Amendment to Project Approval to eliminate an onsite one
bedroom affordable housing unit (1.75 FTEs) and mitigate this onsite unit with an offsite unit or
through the provision of affordable Housing Credits; and
WHEREAS,pursuant to Chapter 26.308.010 of the Land Use Code, City Council may
approve an extension of vested rights and pursuant to Chapter 26.445.110.D of the Land Use
Code, City Council may approval a Minor Amendment to a Project Review approval; and
WHEREAS,the City Council reviewed the application and considered the Extension of
Vested Rights and Minor Amendment proposal 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 duly
noticed public hearing; and,
WHEREAS,the City Council approves the request, by a vote of ________ to __________
( ____ : _______ ), for a twenty-four (24) month extension of vested rights associated with
Ordinance No. 3, series 2015;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 THE CITY OF
ASPEN, COLORADO, THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
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Code, the City Council hereby approves a twenty-four (24) month Extension of Vested Rights
associated with Ordinance No. 3, Series of 2015, through June 24, 2022 with the following
conditions:
a) That the establishment herein of a vested property right shall not preclude the
applications 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.
b) To mitigate the removal of the one bedroom onsite affordable housing unit, an offsite
affordable housing unit totaling 1.75 FTEs shall be delivered in final form to the
satisfaction of the Aspen/Pitkin County Housing Authority (APCHA) prior to the
issuance of the first Certificate of Occupancy for the Molly Gibson redevelopment.
c) Should an offsite housing unit not be provided, and the provision of Affordable Housing
Credits instead be pursued, 1.75 Affordable Housing Credits shall be extinguished prior
to the first building permit issuance of the Molly Gibson redevelopment.
d) The Applicant shall comply with all other conditions and requirements of Ordinance No.
3, Series 2015.
Section 2:
All material representations and commitments made by the Applicant pursuant to the vested
rights extension as herein granted, 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 byan 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.
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APPROVED BY theCityCouncil of theCityof Aspen on this 28
th dayof January2020.
Torre, Mayor
Attest:
Nicole Henning, City Clerk
Approved as toform:
James R. True, City Attorney