HomeMy WebLinkAboutresolution.council.041-03 EXTENDING THE PERIOD OF VESTED RIGHTS ANDTHE EXPIRATION
DATE OF THE DEVELOPMENT ORDER FORA COMq~IERCIAL AND
AFFORDABLE HOUSING DEVELOPMENT, KNOWN AS THE MURPHY
DEVELOPMENT PROPOSAL, 615 EAST BLEEKER STREET~ LOT #2
GIGNOUX-LYNCH SUBDIVISION, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel No. 2737.075.51,004
WHEREAS, the Community Development Department received an application
from George Murphy (a.k.a. Bill Murphy), o~vner of Lot #2 Gignoux-Lynch Subdivision,
to extend the period of vested rights and the expiration date of a development order for a
site-specific development plan for a project known as the Murphy Development Proposal,
approved by the City of Aspen pursuant to Ordinance No. 6, Series of 2002; and,
WHEREAS, the Murphy Development Proposal consists of a 600 square foot
expansion of an existing commercial building, reconstruction of an existing !,000 square
foot commercial building, conversion to commercial of an existing 1,200 square foot
residential storage building, and three one-bedroom affordable housing units to be
constructed at 615 East Bleeker Street, Lot #2 Gignoux-Lynch Subdivision, City of
Aspen, Pitkin County, Colorado; and,
WHEREAS, the applicant has requested an extension to the period of vested
rights in consideration of his delaying progress on his approved project for participation
in the Obermeyer COWOP Land Use Review - a project considering redevelopment of'
the subject property and adjacent lands; and,
WHEREAS, pursuant to Sections 26k304 and 26.308 of the City of Aspen Land
Use Code, an extension of vested rights and the expiration date of a development order
may be approved by the city Council, according to the standards and processes of said
Sections, at a duly noticed public hearing; and,
VOtEREAS, the Aspen City Council has reviewed and considered the request to
extend the period of vested rights to the Murphy Development Proposal, the
recommendation of the Community Development Director, and has taken and considered
public comment at a duly noticed public hearing; and,
WHEREAS, the City Council finds that extending the period of vested rights for
the Murphy Development Proposal is consistent ~vith the goals and elements of the Aspen
Area Community Plan and furthers a cormnunity interest in maintaining the applicant's
participation in the Obermeyer COWOP project; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
Resolution No. __, Series of 2003
Page I
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Section 1:
The period of vested rights and the expiration date of the development order for a site-
specific development plan, including all growth management allotments, for the Murphy
Development Proposal, granted final approval pursuant to Ordinance No. 6, Series of
2002, is hereby extended to May 12, 2006.
Section 2:
All material representations and commitments made by the deveioper in association with
the application, reviexv, and approval of the Murphy Development Proposal, pursuant to
Ordinance No. 6, Series of 2002, shall remain incorporated in the approval. No additions or
changes to the conditions of approval are incorporated herein.
Section 3:
If any section, subsection, sentence, clause, plu'ase, or portion of this resolution is for any
reason heId 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 4:
A public hearing on this resolution was held on the 12th day of May, 2003, at 5:00 in the City
Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (i:5) days prior to which
hearing a pubiic notice of the same was published in a newspaper of general circuIation
within the City of Aspen.
FINALLY, adopted, passed and approved this 12th day of May, 2003.
Attest: ~
'Kathryn'S~ ~, City Cie~'k-
Approved as to form:
J~-h~P~. Wo~rce~ter, City Attorney
c 5home\Current Planning\CASES\MurphyGMQ SWR_Extend_Reso.doc
Resolution No. , Series of 2003
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