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HomeMy WebLinkAboutresolution.hpc.005-2015 RECEPTION#: 617366, 02/1212015 at 11:07:34 AM, 1 OF 2, R $16.00 Doc Code RESOLUTION Janice K.Vos Caudill, Pitkin County, CO A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION APPROVING MINOR DEVELOPMENT FOR COPELAND TWINING PIONEER PARK, LOT 2, SECOND AMENDED WEAVER SUBDIVISION, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION #5, SERIES OF 2015 PARCEL ID: 2735-124-80-851 WHEREAS, the applicant, Margaret DeWolf/Nick DeWolf Foundation, submitted an application requesting Minor Development approval to install a sculpture at Copeland Twining Pioneer Park, Lot 2 of the Second Amended Weaver Subdivision, City and Townsite of Aspen. The property is a designated landmark and is owned by the City of Aspen, who has authorized this application; and WHEREAS, Community Development Department staff reviewed the application for compliance with the applicable review standards and recommended approval of Minor Development; and, WHEREAS, the Aspen Historic Preservation Commission has reviewed and considered the development 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 on January 28, 2015; and WHEREAS, the City of Aspen Historic Preservation Commission finds that the development proposal meets all applicable review criteria and that the approval of the request is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, the Historic Preservation Commission approves the application with conditions; by a vote of 7 to 0. NOW, THEREFORE, BE IT RESOLVED: That HPC grants Minor Development approval for the property located at Copeland Twining Pioneer Park, with the following condition: 1. The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Copeland Twining Pioneer Park, Lot 2 of the Second Amended Weaver Subdivision, City and Townsite of Aspen. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. APPROVED BY THE COMMISSION at its regular meeting on the 28`h day of January, 2015. Willis Pember, Chair Approved as to Form: X. Debbie Quinn, Assistant City Attorney ATTEST: Kathy Strickland, Chief Deputy Clerk