HomeMy WebLinkAboutresolution.council.041-15 RESOLUTION NO. 41
(SERIES OF 2015)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A TWO-YEAR
EXTENSION OF VESTED RIGHTS FOR THE LIFT ONE LODGE
SUBDIVISION/PLANNED DEVELOPMENT LOCATED ON THE PROPERTY
COMMONLY KNOWN AS 710 SOUTH ASPEN STREET AND 720 SOUTH ASPEN
STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 27351311001, 273513101002
WHEREAS, the Community Development Department received an application from
Roaring Fork Mountain Lodge — Aspen, LLC requesting a two-year extension of vested rights
associated with the Lift One Lodge Subdivision/PD project, per Section 26.308.010.0 of Title 26
of the Municipal Code; and,
L
WHEREAS, the applicant previously received City Council approvals relating to Final
Planned Unit Development, Subdivision, Rezoning, Final Timeshare, Growth Management,
Right-of-Way Vacations, and associated land use reviews for a site-specific development plan
for the Lift One Lodge Subdivision/Planned Unit Development via Ordinance No. 28, Series of
2011; and,
WHEREAS, per the Amended Development Order signed by the Community
Development Director (Reception No. 591520) the vested rights for the property are set to expire
on November 28, 2016; and,
WHEREAS, the applicant has finalized and recorded a Development Agreement for Lift
One Lodge Subdivision/PUD at Reception No. 597439; and,
WHEREAS, the applicant has finalized and recorded a Final Plat of Lift One Lodge
Subdivision/PUD at Reception No. 597438; and,
WHEREAS, the applicant has completed all vacations and dedications of public rights-
of-way and recorded these vacation and dedications as represented on the Street, Alleyway and
Easement Vacation Plat at Reception No. 597435; and,
WHEREAS, the Community Development Director has reviewed the application and
considered the proposal for an extension of vested rights under the applicable provisions of the
Municipal Code as identified herein, and found the application to be consistent with the
requirements of the Code; and,
WHEREAS, the City Council has reviewed the application and considered the proposal
for an extension of vested rights 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 finds that the proposal for an extension of vested rights meets
or exceeds all applicable development standards associatedwith the request; and,
WHEREAS, the City Council grants approval f the two-year extension of vested rights.
as proposed.
1 RECEPTION#: 619190, 04/21/2015 at
12:05:11 PM,
1 OF 2, R $16.00 Doc Code RESOLUTION
Janice K.Vos Caudill, Pitkin County, CO
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
City Council hereby approves an extension of vested property rights request for the Lift One
Lodge Subdivision/PUD through November 28, 2018.
Section 2: Conditions
This extension of vested rights is conditioned upon the following two requirements:
1. The applicant provide proof of a cost-sharing or reimbursement agreement with the South
Aspen Townhomes property on the west side of South Aspen Street regarding
improvements to the South Aspen Street right-of-way.
2. The applicant establish an agreement with the City of Aspen City Engineer regarding the
logistics and timing of closing Gilbert Street, which may be based upon improvements
being made to South Aspen Street by either Lift One Lodge or the South Aspen
Townhome projects.
These requirements shall be met within 180 days of adoption of this resolution.
Section 3•
All material representations and commitments made by the Applicant pursuant to the temporary use
proposal 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 4•
This resolution shall not effect 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 5:
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.
APPROVED BY the City Council of the City of Aspen on this 13 day of April, 2015.
A est: f,f
Linda Manning, City Cl k Steve Skadrori, ayor
Approved as to form:
mes R. True, City Attorney
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