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HomeMy WebLinkAboutresolution.council.047-03 RESOLUTION NO. 47 (SERIES OF 2003) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A FIVE YEAR EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 14, SERIES OF 1991, AND EXTENDED BY ORDINANCE NO~ 31, SERIES OF 1994, ORDINANCE NO. 28, SERIES OF 1997, AND BY RESOLUTION NO. 65, SERIES OF 2000 FOR THE DEVELOPMENT APPROVALS ON LOT iA OF THE ASPEN MEADOWS SPECIALLY PLANNED AREA, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-121-29-008 WHEREAS, the Community Development Department received an application from The Aspen Institute (Applicant), represented by Edward M. Caswall, for a five (5) year extension of vested rights for Building No23 (to consist of twelve (12) lodge units) on Lot 1A of the Aspen Meadows Specially Planned Area; and, WHEREAS, the subject property is located in the Academic and Specially Planned Area Overlay Zone Districts; and, WHEREAS, City Council adopted Ordinance No. 14, Series of 1991, which approved the Aspen Meadows Specially Planned Area Final Development Plan; and; WHEREAS, City Council adopted Ordinance No. 31, Series of 1994, which approved a three year (3) extension to June 21, 1997; and, WHEREAS, City Council adopted Ordinance No. 28, Series of 1997, which approved a three (3) year extension to June 21, 2000; and, WHEREAS, City Council adopted Resolution No. 65, Series of 2000, which approved a three (3) year extension to May 22, 2003; and, WHEREAS, pursuant to Section 26.308.010(C), Vested Property Rights of the Land Use Code, City Council may grant an extension of vested rights; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of a five (5) year extension of vested rights for Building No.3 (to consist of twelve (12) lodge units) on Lot lA finding that the review criteria have been met and that the addition of future lodging is an important community goal; and, WHEREAS, the Community Development Staff finds that any housing mitigation fees that may be outstanding with respect to the Aspen Meadows Specially Planned Area are not owed by or the responsibility of the Aspen Institute; and, VOtEREAS, the Aspen City Council has reviewed and considered the extension of vested fights for Lot lA 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 fights 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 THE CITY OF ASPEN, COLORADO, THAT: Section 1: The Aspen City Council does hereby approve a five (5) year extension of the vested rights granted by Ordinance No. i4, Series of 1991, and extended by Ordinance No. 28, Series of 1997, Ordinance No. 31, Series of 1994, and Resolution No. 65, Series of 2000 for Building No. 3 (to consist of twelve (12) lodge units) on Lot lA of the Aspen Meadows Specially Planned Area to allow for the construction of Building No.3, with the following conditions: 1. All prior City of Aspen approvals shall remain in full force and effect for the Aspen Meadows SPA. 2. The newly established expiration date of vested rights of shall be May 28, 2008. 3. Any failure to abide by the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. 4. The establist~rnent 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 there from is granted in writing. 5. The Applicant shall resolve the water maintenance cost issue related to Condition No. 12 in Section 2 of Ordinance No. 14, Series of 1991 with the City of Aspen Water Department within thirty (30) days of this approval. If the water maintenance cost issue is not resolved to the satisfaction of the City of Aspen Water Department Director within thirty (30) days of this approval, the extension of vested rights shall be considered null and void; and the Applicant shall have the opportunity to return to City Council to reconsider the extension of vested rights request. 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 docmnentation 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 exist'rog 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. Section 5: A duly noticed public hearing on this Resolution was held on the 27th day of May, 2003, at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed and approved this 27th day of May, 2003. Approved as to form: Approved as 'J'6~%Vor~ter,'City Attorney helen ~rannaixShlm~ruo, ~vmyor Attest: