HomeMy WebLinkAboutLand Use Case.101 W Main St.A104-02Molly Gibson Lodge Development
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CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
A104-02
2735-124-55031
Molly Gibson Lodge Development Order Extension
101 W Main St
James Lindt
Development Order Extension
Molly Gibson Lodge
1 /27/03
Reso. 8-2003
Approve
1 /28/03
J. Lindt
I PLAT (BK, PG): I
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section
26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights",
of the City of Aspen Municipal Code. This Order allows development of a site specific
development plan pursuant to the provisions of the land use approvals, described herein.
The effective date of this Order shall also be the initiation date of a three-year vested
property right. The vested property right shall expire on the day after the third
anniversary of the effective date of this Order, unless a building permit is approved
pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a
revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of
vested property rights, this Order shall remain in full force and effect, excluding any
growth management allotments granted pursuant to Section 26.470, but shall be subject
to any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Aspen Molly Gibson Lodge, LLC, 101 W. Main St. Aspen, CO 81611
Property Owner's Name, Mailing Address and telephone number
Lots O, P, and Q, Block 59, City and Townsite of Aspen
Legal Description and Street Address of Subject Property
A three (3) year extension of the vested rights granted in Ordinance 56, Series of 1999
Written Description of the Site Specific Plan and/or Attachment Describing Plan
City Council Resolution #8, Series of 2003, 1/27/03
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
February 8, 2003
Effective Date of Development Order (Same as date of publication of notice of approval.)
January 11, 2006
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued this 8th day of February, 2003, by the City of Aspen Community
Dp,jelopment Directox
Ann Woods, Community Development Director
PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
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 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: Lots O, P, and Q, Block 59, City and Townsite of Aspen,
by resolution of the City Council numbered 8, series of 2003. A three (3) year extension
of the vested property rights granted in Ordinance No. 56, Series of 1999 was awarded to
the Molly Gibson Lodge. For further information contact Julie Ann Woods at the Aspen
Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090.
s/ City of Aspen
Publish in The Aspen Times on February 8, 2003
RESOLUTION NO.8
(Series of 2003)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A THREE (3)
YEAR EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO.
56. SERIES OF 1999 FOR THE MOLLY GIBSON MINOR PLANNED UNIT
DEVELOPMENT APPROVAL,120 W. HOPKINS AVENUE, A PARCEL OF LAND
DESCRIBED AS LOTS O, P, AND Q, BLOCK 59, CITY AND TOWNSITE OF
ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2735-124-55-031
WHEREAS, the Community Development Department received an application
from Aspen Molly Gibson Lodge, LLC, represented by David Tash, requesting approval
of a three (3) year extension of the vested rights granted for the Molly Gibson Minor
PUD pursuant to Ordinance No. 56, Series of 1999; and,
WHEREAS, City Council adopted Ordinance No. 56, Series of 1999, which
approved a Minor PUD and awarded Vested Property Rights status for the Molly Gibson
Lodge Development until January 11, 2003; and,
WHEREAS, the applicant submitted the application for extension of vested
property rights on December 9, 2002 before the vested rights expired; and,
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land
Use Code, City Council may grant an extension of vested rights for up to three years after
a public hearing is held and a resolution is adopted; and,
WHEREAS, the Community Development Director has reviewed the application
and recommended approval of a three (3) year extension of vested rights for the Molly
Gibson Minor PUD; and,
WHEREAS, the Aspen City Council has reviewed and considered the requested
extension of vested rights for the Molly Gibson Minor PUD 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,
WHEREAS, the City Council finds that the extension of vested rights proposal
meets or exceeds all applicable land use standards and that the approval of the extension of
vested rights proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; 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 a three (3) year extension of vested rights
as approved by Ordinance No. 56, Series of 1999 for Lots O, P, and Q, Block 59, City and
Townsite of Aspen for the Molly Gibson Lodge Minor PUD with the following conditions:
1. That the establishment 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. The
developer shall abide by any and all such building, fire, plumbing, electrical and
mechanical codes, unless an exemption therefrom is granted in writing.
2. The Applicant shall convey an undivided fractional interest (one tenth of 0.1 %) in
the ownership of the deed -restricted employee housing unit to the Aspen/Pitkin
County Housing Authority for the purposes of complying with the recent
Colorado Supreme Court Decision regarding rent control legislation. To satisfy
the rent control issue, the Applicant may submit an alternative option acceptable
to the City Attorney. This shall be satisfied prior to building permit issuance.
3. The Applicant shall indemnify and hold harmless the Aspen/Pitkin County
Housing Authority and City of Aspen from any claims, liability, fees or similar
charges related to ownership in the deed restricted employee -housing unit.
Cectinn 2e
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 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 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.
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: YJ /La,��"spen,CO
SCHEDULED PUBLIC BEARING DATE: �_7C , 200_
STATE OF COLORADO )
SS.
County of Pitkin )
I, Gt wl,t5�?f_� 2-1 ✓1 � 4-(name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060.
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which form was obtained #om the
Community Development Department, which was made of suitabl
waterproof materials, which was not less than twenty-two (22) inchl wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
, 200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi -governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
ignature
The f�oing "Affidavit of Notice" was acknowledged befgre me s 3 day
of ��� , . , 200a, by -C Lam) Y ,
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: �/, 3 / , -�
piAAVpGB
Notary Public r
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pO,O�
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ATTACHMENTS:
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
PUBLIC NOTICE
RE: MOLLY GIBSON LODGE MINOR PUD - EXTEN-
SION OF VESTED RIGHTS
NOTICE IS HEREBY GIVEN that a public hearing
will be held on Monday January 27. 2003, at a
meeting to begin at 57p.m. before the Aspen
City Council, Council Chambers, City Hall, 130 S.
Galena St., Aspen, to consider an application sub-
mitted by the Aspen Molly Gibson Lodge, LLC re-
questing approval of a tAree year extension of the
vested property rights that were awarded pur-
suant to City Council Ordinance No. 56, Series of
1999. Ordinance No. 56. Series of 1999 awarded
vested property rights for the Molly Gibson
Lodge to construct an addition of one employee
dwelling unit on the property. The property is
commonly known as the Molly Gibson Lodge and
is described as Lots 0, P, and Q, Block 59, of the
City and Townsite of Aspen.
For further Information, contact James Lindt at
the City of Aspen Community Development De-
partment, 130 S. Galtjja St., Aspen, CO (970) 920-
5095, jamesl@ci.aspen.co.us.
s/Helen Kalln Klanderud, Mayor
Aspen City Council
Published in The .Aspen Times on January 11,
2003.(9929)
Smooth Feed Sheets TM
Use template for 51600
ASPENS MOLLY GIBSON
LODGE LLC
101 W MAIN ST
ASPEN, CO 81611
ASPENS MOLLY GIBSON
LODGE LLC
101 W MAIN ST
ASPEN, CO 81611
ASPENS MOLLY GIBSON
LODGE LLC
101 W MAIN ST
ASPEN, CO 81611
ASPENS MOLLY GIBSON
LODGE LLC
101 W MAIN ST
ASPEN, CO 81611
ASPENS MOLLY GIBSON
LODGE LLC
101 W MAIN ST
ASPEN, CO 81611
ASPENS MOLLY GIBSON
LODGE LLC
101 W MAIN ST
ASPEN, CO 81611
ASPENS MOLLY GIBSON
LODGE LLC
101 W MAIN ST
ASPEN, CO 81611
ASPENS MOLLY GIBSON
LODGE LLC
101 W MAIN ST
ASPEN, CO 81611
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101 W MAIN ST
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101 W MAIN ST
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ASPEN, CO 81611
ASPENS MOLLY GIBSON ASPENS MOLLY GIBSON
LODGE LLC LODGE LLC
101 W MAIN ST 101 W MAIN ST
ASPEN, CO 81611 ASPEN, CO 81611
ASPENS MOLLY GIBSON
LODGE LLC
101 W MAIN ST
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ASPENS MOLLY GIBSON ASPENS MOLLY GIBSON
LODGE LLC LODGE LLC
101 W MAIN ST 101 W MAIN ST
ASPEN, CO 81611 ASPEN, CO 81611
ASPENS MOLLY GIBSON ASPENS MOLLY GIBSON
LODGE LLC LODGE LLC
101 W MAIN ST 101 W MAIN ST
ASPEN, CO 81611 ASPEN, CO 81611
ASPENS MOLLY GIBSON
LODGE LLC
101 W MAIN ST
ASPEN, CO 81611
BERNSTEIN ARNOLD A &
POLLY A LIVING TRST
C/O ARNOLD A & POLLVA
BERNSTEIN
1870 JACKSON ST #304
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101 W MAIN ST
ASPEN, CO 81611
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101 W MAIN ST
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LODGE LLC
101 W MAIN ST
ASPEN, CO 81611
ASPENS MOLLY GIBSON
LODGE LLC
101 W MAIN ST
ASPEN, CO 81611
ASPENS MOLLY GIBSON
LODGE LLC
101 W MAIN ST
ASPEN, CO 81611
ASPENS MOLLY GIBSON
LODGE LLC
101 W MAIN ST
ASPEN, CO 81611
ASPENS MOLLY GIBSON
LODGE LLC
101 W MAIN ST
ASPEN, CO 81611
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Laser 5160®
ASPENS MOLLY GIBSON
LODGE LLC
101 W MAIN ST
ASPEN, CO 8 611
ASPENS MOLLY GIBSON
LODGE LLC
101 W MAIN ST
ASPEN, CO 81611
ASPENS MOLLY GIBSON
LODGE LLC
101 W MAIN ST
ASPEN, CO 81611
ASPENS MOLLY GIB
LODGE LLC
101 W MAIN ST
ASPEN, CO 81611
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PR DOUGLAS
8611 LWOOD RD
AETHESDA, MD 20817
ICJ- NT AND ORIGINAL
ASN CIATES INC
PO BOX 7846
ASPEN, COS 2
EN, CO 816
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P DOUGLAS ND
VALE
8611 MEL OD RD
BETHE A, M 20817
D RANT AN 'kIGINAL
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ASSO INC
PO B 7846
AS N, CO 81612
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ASPENS MOLLY GIBSON
LODGE LLC
(P 101 W MAIN ST
ASPEN, CO 81611
ASPENS MOLLY GIBSON
LODGE LLC
101 W MAIN ST
ASPEN, CO 81611
ASPENS MOLLY GIBSON
LODGE LLC
101 W MAIN ST
ASPEN, CO 81611
Use template for 51600
ASPENS MOLLY GIBSON
LODGE LLC
101 W MAIN ST
ASPEN, CO 81611
ASPENS MOLLY GIBSON
LODGE LLC
C 101 W MAIN ST
ASPEN, CO 81611
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OLIVER WILLIAM THOMAS &
ANN GARY
542 WARNER AVE
LOS ANGELES, CA 90024
.ASPENS MOLLY GIBSON
LODGEC
101 ST
ASP , 8�611
ASPENS MOLLY GIBSON
LODGE LLC
101 W MAIN ST
ASPEN, CO 81611
135 HOPKINS LTD
6476 MIMOSA LN
DALLAS, TX 75230
ASPENS MOLLY GIBSON PENS MOLLY GIBSON
LODGE LLC [ASPEN,
DGE LLC
101 W MAIN ST (/W MAIN ST
ASPEN, CO 81611 CO 81611
A R ASPENS MOLLY GIBSON
HITE HENRY H & ANGEL
PO BOX 155
WOODY CREEK, CO 81656
FRIE SINGER LTD
PO BOX I �"V-'
5-11 ST d, ST
DOUGH$ ISLE OF MAN,
ASPEN SKIING COMPANY
PO BOX 1248
ASPEN, CO 81612
LODGE LLC
101 W MAIN ST
ASPEN, CO 81611
DEAN FAMILY LIMITED
PARTNERSHIP LLLP
590 DELLWOOD AVE
BOULDER, C�
IOHNSON O D
LLC
9227 HAPPY
SCOTTSDALE. AZ 85262
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DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to
Section 26.304.070, "Development Orders", and Section 26.308.010,
"Vested Property Rights", of the City of Aspen Municipal Code. This Order
shall expire on the day after the third anniversary of the effective date of the
Order, unless a building permit is approved pursuant to Section 26.304.075,
or unless an exemption from expiration, extension or reinstatement is
granted or a revocation is issued by the City Council pursuant to Section
26.308.010.
This Development Order is associated with the property noted below for the
site specific development plan as described below.
Molly Gibson LLC., 101 W. Main St., Aspen, CO 81611
Property Owner's Name, Mailing Address and telephone number
Lots O, P, Q of Block 59, Aspen, CO 81611
Legal Description and Street Address of Subject Property
Minor PUD, Special Review
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Ordinance 56-99, 1/10/00
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
January 21, 2000
Effective Date of Development Order (Same as date of publication of notice of approval.)
January 22, 2003
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued this 21 st day of January, 2000, by the City of Aspen Community
DevAopment Director. ,
Jurnn Woods, Community Development Director
G.Planning.Aspen.forms.DevOrder
Section 5:
A duly noticed public hearing on this Resolution was held on the 27th day of January, 2003,
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 27th day of
January, 2003.
Approved as to form:
John P. Worcester, City Attorney
Attest:
Kathryn S. Koch, City Clerk
Approved as to content:
Helen Kalin Klanderud, Mayor
MEMORANDUM vtl I
To: Mayor and City Council
THRU: Julie Ann Woods, Community Development Director
FROM: James Lindt, Planner
RE: Molly Gibson PUD Extension of Vested Rights
DATE: January 27, 2003
CURRENT LAND USE: Lodge
PROPOSED LAND USE:
The Molly Gibson Minor Planned Unit
Development, approved on January 10,
2000, involves the addition of a voluntary
three bedroom affordable housing unit to
the existing Molly Gibson Lodge.
REVIEW PROCEDURE:
Extension of Vested Rights. City Council
may by resolution at a public hearing approve
an extension of vested rights.
STAFF COMMENTS:
The applicant, Aspen Molly Gibson
Lodge, LLC, represented by David Tash,
requests an extension of the Molly Gibson
PUD's vested property rights status.
Initially, City Council granted unanimous
approval of the project to add a voluntary
three bedroom employee -housing unit to
the lodge on January 10, 2000.
The project's original vested rights period
expired on January 11 th. However, the
applicant submitted an application for
extension of the project's vested rights
prior to January I I". The applicant wishes
to gain approval to extend the original
vested rights period by three (3) years
thereby establishing a new date of
expiration of vested rights of January 11,
2006.
The applicant requests the proposed
extension of vested rights because of the
recent downturn in the economy and the
local business climate. Staff believes that the applicant has made progress towards the
development of the project by virtue of recording a PUD Plat and Agreement within the 180
day time period that was required in the original approval ordinance. The employee -housing
unit that was approved to be added to the Molly Gibson is not required for employee housing
mitigation purposes and is voluntary on the part of the applicant. Moreover, Staff feels that
approved addition of the voluntary employee housing unit still furthers the Aspen Area
Community Plan's affordable housing goals relating to the private sector's participation in
developing affordable housing.
STAFF RECOMMENDATION:
Staff recommends approval of the extension of vested property rights for three (3)
years to establish an expiration date of January 11, 2006 for the Molly Gibson PUD
Development located at 120 W. Hopkins Avenue with the following condition:
That the establishment 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. The developer shall
abide by any and all such building, fire, plumbing, electrical and mechanical codes
that are in affect at the time of building permit, unless an exemption therefrom is
granted in writing.
RECOMMENDED MOTION:
"I move to approve Resolution No. 9, Series of 2003, approving with a condition, a three
(3) year extension of vested property rights for the Molly Gibson Minor Planned Unit
Development located at 120 W. Hopkins as was originally approved by Ordinance No. 56,
Series of 1999. The new expiration date will be January 11, 2006."
CITY MANAGER'S COMMENTS:
ATTACHMENTS:
Exhibit A -- Review Criteria & Staff Findings
Exhibit B -- Ordinance No. 56, Series of 1999 Approving the Minor PUD
Exhibit C -- Application Letter
2
RESOLUTION NO. 4
(Series of 2003)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A THREE (3)
YEAR EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO.
56. SERIES OF 1999 FOR THE MOLLY GIBSON MINOR PLANNED UNIT
DEVELOPMENT APPROVAL,120 W. HOPKINS AVENUE, A PARCEL OF LAND
DESCRIBED AS LOTS O, P, AND Q, BLOCK 59, CITY AND TOWNSITE OF
ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2735-124-55-031
WHEREAS, the Community Development Department received an application
from Aspen Molly Gibson Lodge, LLC, represented by David Tash, requesting approval
of a three (3) year extension of the vested rights granted for the Molly Gibson Minor
PUD pursuant to Ordinance No. 56, Series of 1999; and,
WHEREAS, City Council adopted Ordinance No. 56, Series of 1999, which
approved a Minor PUD and awarded Vested Property Rights status for the Molly Gibson
Lodge Development until January 11, 2003; and,
WHEREAS, the applicant submitted the application for extension of vested
property rights on December 9, 2002 before the vested rights expired; and,
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land
Use Code, City Council may grant an extension of vested rights for up to three years after
a public hearing is held and a resolution is adopted; and,
WHEREAS, the Community Development Director has reviewed the application
and recommended approval of a three (3) year extension of vested rights for the Molly
Gibson Minor PUD; and,
WHEREAS, the Aspen City Council has reviewed and considered the requested
extension of vested rights for the Molly Gibson Minor PUD 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,
WHEREAS, the City Council finds that the extension of vested rights proposal
meets or exceeds all applicable land use standards and that the approval of the extension of
vested rights proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Community Plan; 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 a three (3) year extension of vested rights
as approved by Ordinance No. 56, Series of 1999 for Lots O, P, and Q, Block 59, City and
Townsite of Aspen for the Molly Gibson Lodge Minor PUD with the following condition:
1. That the establishment 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. The
developer shall abide by any and all such building, fire, plumbing, electrical and
mechanical codes, unless an exemption therefrom is granted in writing.
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 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.
Cectinn 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 27th day of January, 2003,
at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
FINALLY, adopted, passed, and approved this 27th day of January, 2003.
Approved as to form: Approved as to content:
John P. Worcester, City Attorney Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
ExHIBIT A
REVIEW CRITERIA & STAFF FINDINGS
SECTION 26.308.010 VESTED PROPERTY RIGHTS
Extension or Reinstatement of Vested Rights In reviewing a request for the extension or
reinstatement of a development order and associated vested rights, the City Council
shall consider, but not be limited to, the following criteria:
a. The applicant's compliance with any conditions requiring
performance prior to the date of application for extension or
reinstatement;
STAFF FINDING:
The conditions of approval that were established in approving the original development
proposal all are to take effect prior to or in conjunction with the building permit submittal
with the exception of the preparation and recordation of the PUD Plat and Agreement.
The PUD Plat and Agreement have already been filed with the Clerk and Recorder's
Office. Therefore, Staff does not believe that there are any outstanding conditions of
approval that have to be met prior to applying for an extension of vested rights. Staff
finds this criterion to be met.
b. The progress made in pursuing the project to date including the
effort to obtain any other permits, including a building permit, and the
expenditures made by the applicant in pursuing the project;
STAFF FINDING:
The applicant contends that the current downturn in the local economy is preventing the
development of the approved project. Staff believes that the applicant has intentions of
pursuing the project due to the fact that the applicant has prepared and recorded a PUD
Plat and Agreement with the Pitkin County Clerk and Recorder's Office. Staff finds this
criterion to be met.
C. The nature and extent of any benefits already received by the City
as a result of project approval such as impact fees or land dedications;
STAFF FINDING:
Outside of the application processing costs incurred by the applicant with respect to City
Land Use Application Fees and Referral Fees, there have been no benefits already
received by the City as a result of project approval such as impact fees or land dedication.
Impact fees are collected at the time of building permit issuance. However, Staff believes
that the approval of the voluntary employee housing unit and the vested rights that were
afforded the applicant are still consistent with the City's affordable housing goals. Staff
finds this criterion to be met.
3
d. The needs of the City and the applicant that would be served by
approval of the extension or reinstatement request.
STAFF FINDING:
The Aspen Area Community Plan (AACP) specifies that the development of affordable
housing within the traditional town site should be encouraged. Moreover, the approved
addition of a voluntary affordable housing unit is in keeping with the AACP's goal of
encouraging the private sector to develop affordable housing. Therefore, Staff believes
that the proposed extension of vested rights would benefit the City by encouraging the
applicant to pursue the approved development in the future that furthers several of the
City's affordable housing goals. Staff finds this criterion to be met.
E-A b J 'IS l/
ORDINANCE NO. 56
(SERIES OF 1999)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING THE MOLLY GIBSON LODGE MINOR PLANNED UNIT
DEVELOPMENT, LOTS O, P AND Q, BLOCK 59, CITY AND TOWNSITE OF
ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
(the Project) from Aspen's Molly Gibson Lodge, LLC, owner of the Molly Gibson
Lodge, represented by Francis X. Krizmanich, located on Lots O, P and Q, Block 59,
City and Townsite of Aspen, for a Minor Planned Unit Development (PUD) to construct
an attached employee dwelling unit to the northwest corner of the Molly Gibson Lodge
building located at 120 West Hopkins Avenue; and,
WHEREAS, the Molly Gibson Lodge is located in the Office Zone District,
Medium Density Residential Zone District (R-6), and Lodge Preservation Overlay (R6-
LP) Zone District; and,
WHEREAS, pursuant to Section 26.445 of the Land Use Code, dimensional
requirements of properties located in the Lodge Preservation (LP) Overlay Zone District
may be established through the PUD review process; and,
WHEREAS, pursuant to Section 26.445 of the Land Use Code, the City Council
may approve a Planned Unit Development during a duly noticed public hearing after
considering a recommendation from the Planning and Zoning Commission made at a
duly noticed public hearing, comments from the general public, a recommendation from
the Community Development Director, and recommendations from relevant referral
agencies; and,
WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City
Water Department, City Engineering, City Parks Department, the Aspen/Pitkin County
Building Department, the Aspen/Pitkin County Housing Authority, and the Community
Development Department reviewed the Project and recommended approval with
conditions; and,
WHEREAS, during a duly noticed public hearing on December 7, 1999, the
Planning and Zoning Commission recommended, by a six to zero (6-0) vote, that the
Aspen City Council approve the Molly Gibson Lodge Minor Planned Unit Development,
with conditions contained'herein, by a four to zero (4-0) vote; and,
WHEREAS, the Aspen City Council 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 Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
I IIIIII IIIII IIIIII IIIII IIII IIIIII IIIIII III "III IIII III
444561 06/26/2000 03:57P ORDINANC DAVIS SILVI
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WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
.qectinn 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Molly Gibson Lodge Planned Unit Development, consisting of an affordable housing
unit addition to the existing lodge, is approved subject to the conditions of approval
described hereinafter.
Conditions of Approval:
1. A PUD Agreement shall be recorded within 180 days of the final approval by City
Council and shall include the following:
a. The information required to be included in a PUD Agreement, pursuant to Section
26.445.070(C).
2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by
City Council and shall include:
a. A final plat meeting the requirements of the City Engineer and showing
easements, encroachment agreements and licenses with reception numbers for
physical improvements and parking spaces within City rights -of -way , location of
utility pedestals, and a note stating that a witness corner will be installed on the
north east corner of the property after completion of construction.
b. An illustrative site plan of the project showing the proposed improvements,
landscaping, parking, and the dimensional requirements as approved.
c. A drawing representing the project's architectural character.
d. A drainage plan, including an erosion control plan, prepared by a Colorado
licensed Civil Engineer which maintains sediment and debris on -site during and
after construction. If a ground recharge system is required, a soil percolation
report will be required to correctly size the facility. A 2-year storm frequency
should be used in designing any drainage improvements.
3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an
application for a building permit may be accepted by the Building Department.
4. The building permit application shall include:
a. A copy of the final Ordinance and recorded P&Z Resolution.
b. The conditions of approval, for both the lodge expansion and the Minor PUD,
printed on the cover page of the building permit set.
c. A completed tap permit for service with the Aspen Consolidated Sanitation
District.
I 1111111111111111111111111111111111111111111111111111111111
441561 06/26/2000 03:57P ORDINANC DAVIS SILVI
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d. A tree removal permit as required by the City Parks Department and any approval
from the Parks Department Director for off -site replacement or mitigation of
removed trees.
e. A completed curb, gutter, and sidewalk agreement.
f. A completed agreement to join any future improvement districts formed for the
purpose of constructing improvements in adjacent public rights -of -way.
g. A lighting plan for the new employee dwelling unit that shows the following:
1) The location and height above grade of light fixtures;
2) The type (such as incandescent, halogen, high pressure sodium) and
luminous intensity of each light source;
3) The type of fixture (such as floodlight, full -cutoff, lantern, coach light);
4) Estimates for site illumination resulting from the lighting, as measured in
foot-candles, should include minimum, maximum and average
illumination. Comparable examples already in the community that
demonstrate technique, specification, and/or light level should be provided
if available to expedite the review process; and
5) Other information deemed necessary by the Community Development
Director to document compliance with provisions of the Land Use Code.
5. The building plans shall demonstrate an adequate fire sprinkler system and alarm
system for the new portion of the structure.
6. There shall be 150 or greater net livable square feet of living area per person,
including sleeping and bathroom.
7. At least one bathroom shall be provided for shared use by no more than four persons.
8. A kitchen facility or access to a common kitchen shall be provided.
9. The maximum rental rate should not exceed $350 per person for this unit.
10. Prior to issuance of a building permit:
a. The primary contractor shall submit a letter to the Community Development
Director stating that the conditions of approval have been read and understood.
b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternative
agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized,
those fees shall be payable according to the agreement.
11. No excavation or storage of dirt or material shall occur within tree driplines.
12. All construction vehicles, materials, and debris shall be maintained on -site and not
within public rights -of -way unless specifically approved by the Director of the Streets
Department. All vehicle parking, including contractors' and their employees', shall
abide by the 2 hour residential parking limitation of the area. The applicant shall
inform the contractor of this condition.
111111111111111111111111111111111111111111111111111 IN
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13. The applicant shall abide by all noise ordinances. Construction activity is limited to
the hours between 7 a.m. and 7 p.m.
14. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for the
employee unit, a member of the Aspen/Pitkin County Housing Authority shall inspect
the units to determine if the units comply with the representations made in the.
application.
15. Before issuance of a building permit, the applicant shall record the Planning and Zoning
Resolution with the Pitkin County Clerk and Recorder located in the Courthouse Plaza
Building. There is a per page recordation fee. In the alternative, the applicant may pay
this fee to the City Clerk who will record the resolution.
16. That optional safety features, as required and approved by the Fire Marshal, be shown
on the building permit plans.
17. That a deed restriction which meets with the Housing Authority approval be filed in
the records of the County Clerk and Recorder prior to the building permit.
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 Planning and Zoning Commission or 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 Ordinance 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 4•
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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•
Pursuant to Section 26.304.070 of the Municipal Code, the City Clerk shall cause notice of
this Ordinance to be published in a newspaper of general circulation within the City of
Aspen no later than fourteen (14) days following final adoption hereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 13"' day of December, 1999.
111111111111111111111111111111111111111111111111111
IN
444561561 06/26/2000 03:57P ORDINANC DAVIS SI
LVI
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ai n S. ch, City Clerk
Rachel E. Ifichards, Mayor
1i 111111
FINALLY, adopted, passed and approved this 10t' day of January, 2000.
Approved as to form:
7� Jo n�Worces er, �Cityttorney
tt st:�
z
n = dtryr�S. I •h, City Clerk
Approved as to content:
IIIIIII 11111111111111111111111111111111111111111111111
444561 06/26/2000 03:57P ORDINANC DAVIS SILVI
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Molly Gibson
L O D G E
CAWP-
December 9, 2002
Mr. Steven Kanipe
Community Development
130 S. Galena Street
Aspen, CO 81611
Dear Mr. Kanipe,
I am writing to request an extension of our Minor PUD for the Molly Gibson Lodge. This
was granted to the lodge for the purpose of building employee housing. Given the recent
business climate the Molly Gibson Lodge has not been in a position to proceed upon the
Development Order. Given the uncertainty of the current business environment I would
ask for the maximum extension allowed. I believe that this project is still in the
community and hotels interest.
Sincerely,
David Tash
Manager/ Partner
RECEIVED
101 West Main Street
Aspen, Colorado 81611
970.925.3434
uC" U y ?00?
800.356.6559
Fax: 970.925.2582
ASPEN
email: molly@rof.net
BUILDING DEPARTMENT
www.mollygibson.com
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MOLLY GIBBON
955 NORTH MILL STREET ASPEN, CO
1 O 1 WEST MAIN S T R E E T
TEL: 970-920.9428 FAX: 970.920.7822
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N` TEL: 970.920.9428 PAX: 970.920.7822
ItC11E/REVIc10N DATE DRAWIND TITI jL
Elevations Options 1
130 S. Galena St.
Aspen CO 81611
(970) 920-5090
(970) 920-5439, fax
To:
David Tash
From:
James Lindt
Fax:
925-2582
Pages:
Phone:
Date:
1 /22/03
Re:
Staff Memo
CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
• Comments:
Hi David,
Here is the Staff Memo for your extension of vested rights request. I would ask that you please be at
the meeting around 5:15 PM. Please bring your affidavit for proof of notice with a picture of the posting
attached. Please let me know if you have any questions.
Thanks,
James
DEC-26-2002 THU 10:28 AM FAX N0, P. 01
130 S, Galena St,
Aspen CO 81611
(970)97-0-5090
(970) 920-5439, fax
0
Aspen Community
Development
Department
To: 4 David Tash _From: I James Lindt
Fax: 925-2582 ages'
Phone: Date: 12/26/02
Re: Public Notice for Mailing and Posting CC:
p Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
a Comments:
Hi David,
Please find attached a copy of the public notice that you need to mail out to all property owners within
300 feet of the Molly Gibson for your public hearing to extend vested rights on your 1999 approval. You
will also need to post a sign on the property noticing the public of the hearing date. We have a template
sign for you to fill out here in the Community Development Department. Both the mailing and the
posting of notice have to be completed fifteen days prior to the hearing date of January 27". When you
post the sign, please take a picture of it and bring it to the hearing with you. In addition, please fill out
the affidavit of posting and mailing that I have also faxed you and bring it with you to the hearing.
Please let me know if you have any questions. I will get you a copy of the staff memo about a week
before the hearing.
Thanks,
James Lindt
Planner
City of Aspen
tJ2�O-. SU�-
PUBLIC NOTICE,
RF.: MOIaI.Y GIBSON LODGE MINOR PUD- EXTENSION OF VESTEM
RIGHTS
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, January
27, 2003, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council
Chambers. City Hall, 130 S. Galena St., Aspen, to consider anapplication submitted by
the Aspon Molly Gibson Lodge, LLC requesting, approval of a three year CXtension of the
vested property rights that were awarded pursuant to City Council Ordinance No. 56,
Series of 1999. Ordinance No. 56, Series of 1999 awarded vested property rights for the
Molly Gibson Lodge to construct an addition of one employee dwelling* unit on the
property. The property is commonly known as the Molly Gibson Lodge and is described
as Lots O, P, aid Q,Block 59, of the City and Townsite of Aspen. For further
information, contact James Lindt at the City of Aspen Community Development
Department, 130 S. Galena St., Aspen, CO (970) 920-5095, jamesl@.d.aspun.co.us.
s/Elclen Kalin Klandcrud, Mayor
Aspen City Council
Published in the Aspen Times on January 11, 2003
City ol' Aspen Account
DEC-26-2002 THU 10:28 AM FAX NO. P. 03
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 2-6.304.060 (E), ASPEN LAND USE CODE
(,1�,✓�5 , ADDRESS OF PROPERTY: Aspen, CO � �--f
SCHEDULED PUBLIC HEARING DATE:
' Z003
STATE OF COLORADO )
ss.
County of Pitkin )
I p A j 1 p 1 A S M (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
c e _ Posting of notice: By posting of notice, which form was obtained from the
I Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the L day of
i , 200, to and including the date and time of the public
hea ' g. A phoograph of the posted notice (sign) is attached hereto.
c e 5 Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land UseCode. At least fifteen (15) days geor to
the public hearing, notice was hand delivered or mailed by first lass posta
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi -governmental agency that
owns property within three hundred (300) feet of the property subject to hall be
he
development application. The names and addresses of property
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
DEC-26-2002 THU 10:28 AM FAX NO. P. 04
The
of
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
Signature
"Affidavit of Noti was ac wledgedb fore me th' ay
20�y
OFFICIAL SEAL
ATTACHMENTS:
COPY OF THE PUBLICATION
P,gOTOGRAPH OF THE POSTED NOTICE (SIGN
LIST OF THE OWNERS AND GOVE j NTAL AGENCIES NOTICED
o u r H.
a r c h I t e c t s
555 NORTH MILL STREET ASPEN, CO
TEL: 970.920.9428 FAX: 970.920.7822
ISSUE/REVISION DATE
i
.I WE 1 It'.WE
I
At-N 2ND n4vu
1��
PROIECT
MOLLY GIBSON
101 WEST MAIN STREET
DRAWING TITI F
Elevations Options 1
&FLOUHP Fl,00FL PLAN
FREV1!�'EL 2 a(8
- � �- �'�6F•jY�ENr P�I.LGW�17
' ND L� faCG�� THf;V l41TU-�El`i_
a
SEGOH D ��oolL IP L./A,. H
i H IfZ F1.0ofz PLAN
VOO
PROJECT
MOLLY GIBSON
555 NORTH MILL STREET ASPEN, CO
1 O 1 WEST MAIN STREET
TEL: 970.920.9428 FAX: 970.920.7822
ISSUE/REVISION DATE
DRAWING TITLE
Plan Option 1
OtIv Gibso
I