HomeMy WebLinkAboutresolution.council.097-20 RESOLUTION # 097
(SERIES OF 2020)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN 18 MONTH
EXTENSION OF VESTED RIGHTS ASSOCIATED P&Z RESOLUTION NO. 16(SERIES
OF 2017)FOR A PROPERTY LEGALLY DESCRIBED AS BUILDING 300 OF THE ASPEN
ALPS SOUTH CONDOMINIUMS,ACCORDING TO THE CONDOMINIUM
DECLARATION FOR ASPEN ALPS SOUTH RECORDED DECEMBER 1, 1965 IN BOOK
217 AT PAGE 189,AND THE FIRST SUPPLEMENT RECORDED JANUARY 6, 1969 IN
BOOK 238 AT PAGE 804,AND ACCORDING TO THE CONDOMINIUM MAP
RECORDED DECEMBER 10, 1965 IN PLAT BOOK 3 AT PAGE 54,AND FIRST
SUPPLEMENT RECORDED DECEMBER 10, 1969 IN PLAT BOOK 3 AT PAGE 373,
SECOND SUPPLEMENT RECORDED APRIL 14,2005 UNDER RECEPTION NO. 508992,
COUNTY OF PITKIN, STATE OF COLORADO
Parcel No. 2737-182-95-001 through 2737-182-95-008
WHEREAS, the Community Development Department received an application from
Aspen Alps Condominium Association, owner of 700 Ute Avenue, 300 Building, Aspen, CO
81611 requesting an extension of vested rights pursuant to P&Z Resolution No. 16 of 2017; and,
WHEREAS, the Applicant has submitted a request to extend the vested rights for the
property for a period of 24 months. Current vested rights for the subject property expire on
December 5th, 2020; and,
WHEREAS, pursuant to Land Use Code Section 26.308.010 Vested Property Rights,
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 subject property's approval, the Land Use Code
has not been amended in such a way that, in its current application, would fundamentally change
the 700 Ute Avenue, Building 300 development from its current vested approval; and,
WHEREAS, the Community Development Director further finds that the Applicant has made
significant expenditures obtaining the land use approvals and has made meaningful progress in
pursuit of a building permit by engaging architectural and engineering services; and,
WHEREAS, the Community Development Director recommends that an 18-month
extension of vested rights is a reasonable timeframe to pursue building permit submittal; and,
WHEREAS, the Aspen City Council has reviewed and considered the extension of vested
rights for 700 Ute Avenue, 300 Building 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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WHEREAS, the City Council finds that the extension of vested rights proposal meets all
applicable land use standards and that approval of an 18-month extension of vested rights is
appropriate; 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 18-month extension of the vested rights
established by P&Z Resolution No. 16, Series 2017. The vested rights shall expire on June 5th,
2022.
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 10' day of November 2020 at
5:00 PM in the City Council Chambers,Aspen City Hall,Aspen, Colorado.
FINALLY, adopted, passed, and approved by a 6 to Q L-� vote on this &day of
2020.
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Approved as to form: Approved as to content:
ames R. True, City Attorney Torre,Mayor
Attest:
C
icole Henning, tify Oqk
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