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HomeMy WebLinkAboutLand Use Case.101 W Main St.A104-02Molly Gibson Lodge Development --273512455031 101 W. Main St. ��.A- \`a�-A`o3 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 c) r . O,gItS pO,O� �,�COLOAA 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 BUCHHOLZ EARL H & ASPENS MOLLY GIBSON ".MARILYN E LODGE LLC C/O SWAIM BROWN & ELLIO 101 W MAIN ST �-PA /� ASPEN, CO 81611 PO BOX 6404 - ESLLY BA NOG SON 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 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 )�6nLqpogrw09 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 OAVIERYCII) Address Labels 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 BUCHHOLZ EARL H & MARILYN E C/O SWAIM BROWN & ELLIOTT PA PO BOX 6404 SP TAMWRG SC 29304 "�AR. 'PETIEWLY GIBSON LOD 101 T ASP 11 ASPENS MOLLY GIBSON LODGE LLC 101 W MAIN ST ASPEN, CO 81611 ASPENS MOLLY GIB LODGE LLC 101 W MAIN ST U 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 IBSON LODGE L 1: 101 W ' ASPEN,. 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 K� -.-t1 N LODGE 101 W N ASPEN, 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 BERNSTEIN ARNOLD A & POLLY A LIVING TRST C/O ARNOLD A & POLLY A BERNSTEIN 1870 JACKS01 4 EII� 09 LODGE LLC ' 101 W MAIN ST _ ASPEN, CO 81611 ASPENS MOLLY GIBSON LODGE LLC 101 W MAIN ST ASPEN, CO 81611 rASPENS MOLLY GIBSON UODGELLC 01 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, C ASPENS M N LODGE LLC 101 W MAIN ASPEN, CO 81611 ASPENS MOLLY GIBSON LODGE LLC 101 W MAIN ST i PEN, CO 81611 DINGER WILLIAM & YTON E FRANCIS ASPEN, CO 81611 'kill/�d \\tfTl Smooth Feed SheetsTM Use template for 51600 PEN HOTEL ASS061ATES C/O TR-OANK-COMM LEND 534 FHY ASPEN, CO 8 1'1611 ASPEN CLINIC BUILDING A COLORADO GENERAL/ PARTNERSHIP 100 E MAIN ST '-ASPEN, CO 81611 HO EL ASPEN LTD C/O CTRA,KANK-COMM LENDE - 534 � Y N AVE A,-SItN, CO 8'1�4,11 PRI DOUPLAS 8611 E OOD RD BED A, MD 20817 OTEL ASPEN LTD C/ VECTRA ANK-COMM LEND // 534 E,,HY NAVE A N, CO 611 NEWKAM CLAIRE M PO BOX 2808 ASPEN, CO 81612 HOTEL ASSO,Qh�TES C/O V ARNK-COMM LENDE 534 E-IY ASPEN, CO 81 1 LUBIN RICHARD G 1217 S FLAGLER DR 2ND FL `, FLAGLER PLAZA L"/ WEST PALM BEACH, FL 33401 PRICE DO .GLAS 8611 OOD RD B ESDA, 20817 PEN HOTEL ASSOCIATES C/O RA B -COMM LENDE 534 N ASPEN, CO 81* 11 HO EL ASPEN LTD C/O VECTRA BANK-COMM LENDER 534 E HYMAN AVE ASPEN, CO 81-611 HOTEL ASPEN LTD N VECTRA BANK-COMM LE ER 534 E MAN AVE N, C 1611 HOTEL ASPEN LTD C/ONECTRA BANK-COMM LENDE 534 E HY AVE ASPEN, CO 81 11 DIMITRIUS RALLI 200 S SIERRA MADRE BLVD PASADENA, CA 91101-4100 ASPENS MOLLY GIBSON LODGE LLC 101 W MAIN ST AS , CO 81611 /l� AVERY® Address labels ASPENS MOLLY GIBSON LODGE LLC 101 W MAIN ST ASPEN, CO 81611 A PEN HOTEL ASSO TES LL C/O V B -COMM LENDER 534 MA EN, CO 81611 P RZAK FAMIL D PAR ERSH�� COLO LTD PARTNERSHIP 1�O S CREEK RD ASALT, CO 1 A'SYEN HOTEL ASSOeATES C/O V RA -COMM LENDER 534E M N,CO81 1 HOTE ASPEN LTD C/O V T BANK-COMM LENDE 534 YM AVE OPEN, CO 8 11 HOTEL ASPEN, LTD C/O VECTRABANK-COMM LENDEIj -- 534 "YNIAN AVE ASHEN. COS 1611 HOTEL ASPEN LTD C/O VECTRA BANK-COMM LENDER 534E HYMAN AVE ASPEN, CO 81611 HOTEL ASPEN LTD C/O VECTRA BANK-COMM LENDER 534 E HYMAN AVE ASPEN, CO 81611 CHISHOLM EDITH 1/2 T 205 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 Laser 51600 ,U ILVERSTEIN PHILIP SILVERSTEIN ROSALYN 25 KNOLLS CRESCENT BRONX, NY 10463 BROWN ANTHONY C/O VECTRA BANK-COMM LENDER 534 E HYMAN AVE ASPEN, CO 81611 ASPEN HOTEL ASSO LLC C/O VETRA BNK-COis LENDER 534 E HYMAN ASPEN, CO 81611 ASPEN CLINIC, BUILDING A COLORADO GENERAL PARTNERSHIP 100 E MAIN-ST ASPEN, CO 81611 LTD Cr ANK-COMM LEN 53 MAN AVE ASPEN, CO 81611 PRICE DOUGLAS 8611 MELWOOD RD BETHESDA, MD 20817 HOTEL ASPEN LTD C/O VECTRA BANK-COMM LENDER 534 E HYMAN AVE ASPEN, CO 81611 la NEWKAM CLAIRE M PO BOX 2808 ASPEN, CO 81612 MELTON DAVID 135 W MAIN ST ASPEN, C 1611 A Y GIBSON L GEL` 101 W MAIN ST ASPEN, CO 81611 ASPE . OTEL ASSOCIATES LLC C/O Vum OMM LEND 534 E HF RW ASPEN, CO 81611 LUBIN RICHARD G 1217 S FLAGLER DR 2ND FL FLAGLER PLAZA WEST PALM BEACH, FL 33401 FOSTER FRANCES TRUSTEE 1/2 INT 2400 PRESIDENTIAL WAY #1503 W PALM BEACH, FL 33401 PRICE DOUGLAS 8611 MELWOOD RD BETHESDA, MD 20817 ASPEN HOTEL ASSOCIATES LLC C/O VETRA BNK-COMM LENDE 534 E HA81 ASPE HOTE FN LTD C/O VE ANK-COMM LENDER 534 E HYMAN AVE ASPEN, CO 81611 HOTEL ASPEN LTD C/O VECTRA BANK-COMM LENDER 534 E HYMAN AVE ASPEN, CO 81611 HOTEL ASPEN LTD ASPEN HOTEL ASSOCIATES LLC C/O VETRA BNK-COMM LENDER 534 E HYMA " ASPEN, CO 8 PIETRZAK F D PARTNERS. COLORADO LTD PARTNERSHIP 1796 E SOPRIS CREEK RD BASALT, CO 81621 ASPEN HOTEL ASSOCIATES LLC C/O VETRA BNK-COMM JIENDER r_34 E HYMAN ASPEN, CO 81611 HOTEL ASPEN LTD VECTRA BANK-COMM LENDER 534 E HYMAN AVE ASPEN, CO 81611 HOTEL ASPEN LTD C/O VECTRA BANK-COMM LENDER 534 E HYMAN AVE ASPEN, CO 81611 HOTEL ASPEN LTD C/O VECTRA OMM LENDER 534 E HYM AV ASPEN, CO 8161 ?. HOTEL ASPEN C/O VECTRA BANK-COMM LENDER 534 E HYMAN AVE ASPEN, CO 81611 CHISHOLM EDITH 1/2 INT C/O VECTRA BANK-COMM 205 W MAIN ST LENDER ASPEN, CO 81611 534 E HYMAN AVE ASPEN, CO 81611 DIMITRIUS RALLI PENS MOLLY GIBSON 200 S SIERRA MADRE BLVJI LODGE LLC PASADENA, CA 91101-4100 101 W MAIN ST ASPENS MOLLY GIBSON LODGE LLC 101 W MAIN SPEA.CO 81 ASPEN, CO 81611 ASPENS MOLLY GIBSON LODGE LLC 101 W MAIN ST ASPEN, CO 81611 11 ig Smooth Feed SheetsTM Use template for 51600 60 - ASPEN HOTEL ASSOCIATE ' LLC C/O VETRA BNK-COM LENDER 534 E HYMAN �SPlEN, CO 81611 ASPEN HOTEL ASSOCIATES TT C/O V RA BNK-COMM LENDEIj 534 &HYM A,WEN, CO 8 F611 - 'PIETRZAK FAMILY LTD PARTNERSHIP COLORADO LTD PARTNERSHIP, ' 1796 E SOPRIS CREEK RD BASALT, CO 81621. DURANT AND ORIGINAL ASSOCIATES INC PO BOX 7846 .ASPEN, CO 81612 PEN HOTEL ASSOCIATES LX CK-CO::4M L5 A QD�AT (HOTEL ASPEN LTD C/O VECTRA BANK -CO LENDER �, , 534 E HYMAN AVE �. ASPEN, CO 81611 PRICE DOUGLAS L / 8611 MELWOOD BETHESDA, MD 20817 DU RA T AND GINAL ASSOCIA INC PO B 7846 A EN, CO8161 ASPEN HOTEL ASSO IATES LL C/O CTRA K-COMM LENDE 534 E N AVE A N, CO 611 RANT AND GINAL AS CIA INC PO B 846 N, C 1612 DU NT ANC-GRIGINAL A CIWS INC PO B 846 EN, C 1612 AS N HOTEL ASS ATES LLC C/O VEC ANK-COMM LENDE 534 YMAN VE ASPEN, CO 8161 I RANT AND GINAL AS CIA INC PO B46 A-KN, CO 12 ,% APEN HOTEL ASS06ATES LL C /Z C/O V BNK-COMM LENDER 534 E FNMA ASPEN, CO 816 N P A<BOUE LLC 1796EK RD LT, A EN HOTEL ASSO� LLC C/O VE A -COMM LENDE 534 YMA D NT AND RIGINAL ASS IA INC PO B 46 N, CO 612 DU NT AND 0914EIfNAL ASS IATE5-lTgC PO BO 746 N, CO 2 TEL ASPEN, )BP?GLTD J GROUP KINS ),81611 DIURANT AND ORIGINAL ASSOCIATES INC PO BOX.7846 ASPEN, C 81612 PRIG OUGLAS 8611 M OOD RD BET�ESDA, MD 20817 PRI'bE DOUGLAS S 8611 MELWOOD RD BETHESDA; MD 20817 PR DOUGLAS 8611 LWOOD RD AETHESDA, MD 20817 ICJ- NT AND ORIGINAL ASN CIATES INC PO BOX 7846 ASPEN, COS 2 EN, CO 816 GAVlERYO Address labels Laser 51600 Smooth Feed Sheets TM Use template for 5160@ P DOUGLAS ND VALE 8611 MEL OD RD BETHE A, M 20817 D RANT AN 'kIGINAL Q ASSO INC PO B 7846 AS N, CO 81612 GAVERY® Address Labels Laser 5160® Smooth Feed Sheets TM 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 aAVIERY0 Address Labels Laser 5160® so 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 GS C 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 1 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 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 2 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 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 414561 06/26/2000 03:57P ORDINANC DAVIS SILVI 3 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 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 4 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 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 5 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 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 ril t :88, EP i ■ 10 PA m r I � �•■ :ii. r� � I'M:�l QI■I■:■.� :�: GROUND F.l.Odjs PI_AH REVI! eD 2 AL10 fe> -- Md�D FRaNT,L;:t�R • HQ. �.n�Hr P�LLt�Jvrsp f� CcGE • Iyo LCi.Z3E• fY:G$f� � kITcHEr!` THIFRP, Fi,G , U'`�✓Rh i`iiZy' SEGoHD FLoofL rLr►1 T H IFLR FLOOR PL^tl PROTECT 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 i S%ilF/REVISION OATF ORAWINCTI� Plan Opa. 1 W E h T Gj O U r IA 1/00 • il_'Vp 7-PoU1r c-F R m- v- imdk:� i i � 2ND FI.G�[z E i I 8 AOIE[T a r o n I I e c I a MOLLY GIBSON � 888 NORTH MILL STREET ASPEN, CO 101 WEST MAIN STREET 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