HomeMy WebLinkAboutresolution.council.008-03 RESOLUTION NO. 8
(Series of 2003)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A THREE (3)
YEAR EXTENSION OF THE 'VESTED ~GH~S G~TED 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 ~s held and a resolution is adopted; and.
WHEREAS, the Community Development Director has reviewed the application
and recommended approval ora three (3y 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 heating; 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 fights proposal, with conditions, is consistent with the goals and elements of the
Aspen Area Commurfity 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 ora 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.
Section 2:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hear/ng 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
valid/ty 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 by a five to zero (5-0) vote on this 27th day of
January, 2003.
Approved as to form: Approved as to content:
~1~. WorCeSter, City Attorney Helen I~lin~f~ud~VI~yo~'-
Attest:
Kathryn S~c~', C[t~ Clerk