HomeMy WebLinkAboutresolution.council.041-20RESOLUTION NO. 041
(Series of 2020)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN
EXTENSION OF THE VESTED RIGHTS ASSOCIATED WITH COUNCIL
RESOLUTION NO.3 (SERIES OF 2009), PLANNING & ZONING COMMISSION
RESOLUTION NO. 2, SERIES 2013, ORDINANCE NO.6 (SERIES OF 2013),
ASSOCIATED PLANNED UNIT DEVELOPMENT AGREEMENT (RECEPTION
NO. 608884), TWO ADMINISTRATIVE LAND USE APPROVALS (RECEPTION
NO. 622520 & RECEPTION NO. 633493) AND PHASE III & IV FINAL PLAT
(RECEPTION NO. 608883) FOR THE ASPEN VALLEY HOSPITAL 401 CASTLE
CREEK ROAD, LEGALLY DESCRIBED AS ASPEN VALLEY HOSPITAL
SUBDIVISION PARCEL C AND TRACK F, CITY AND TOWNSITE OF ASPEN,
PITKIN COUNTY COLORADO
Parcel No. 2735-123-07-801
WHEREAS, the Community Development Department received an application
from the Aspen Valley Hospital District (represented by Chris Bendon of BendonAdams,
LLC) for property located at 401 Castle Creek Road, requesting an extension of vested
rights for the previously approved Phase IV expansion; and,
WHEREAS, the Applicant has submitted a request to extend the vested rights for
the property for a period of 5 years. Current vested rights for the subject property expire
on May 23`d, 2020; 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 finds that from the time of the adoption of the Aspen Valley Hospital District Master
Facilities Plan, the Land Use Code has not been amended in such a way that it would
significantly or fundamentally change phase IV of the development from its current
vested approval; and, the Director recommends approval for a 5 year extension; and,
WHEREAS, the Community Development Director further finds that the
Applicant has made significant progress and financial investment in completing Phases I -
III of the Aspen Valley Hospital Expansion; and,
WHEREAS, the Aspen City Council has reviewed and considered the extension of
vested rights for Phase IV of the Aspen Valley Hospital District Master Facilities Plan 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,
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RECEPTION#: 666351, R: $23.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 3, 07/28/2020 at 12:55:42 PM
Janice K. Vos Caudill, Pitkin County, CO
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 5- year 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 Phase
IV of the Aspen Valley Hospital District Master Facilities Plan granted by City Council
Resolution No. 3 (Series of 2009), Planning and Zoning Commission Resolution No. 2
(Series of 2013), Ordinance No. 6, (Series of 2013), associated Planned Unit
Development Agreement (Reception No. 608884), two administrative land use approvals
(Reception No. 622520 & Reception 633493) and Phase III & IV Final Plat (Reception
No. 608883). Vesting for these approvals shall expire on May 23d, 2025 subject to the
following conditions:
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. All commitments and requirements of the Aspen Valley Hospital District Master
Facilities Plan, including but not limited to commitments regarding housing
mitigation and required parking shall comply with Land Use Code regulations
pursuant to Resolution No. 3, Series 2009.
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 12'h day of May 2020 at
5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
FINALLY, adopted, passed, and approved by a five to zero (5-0) vote on this 12th day of
May 2020.
Approved as to form:
mes R. True, City Attorney
Attest:
11'�U- M —-
Nicole Henning, wperk
Approved as to content:
Torre, Mayor