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Home My WebLink Aboutresolution.council.090-17 RECEPTION#: 638824, R: $18.00, D:$0.00 DOC CODE: RESOLUTION Pg 1 of 2, 06/01/2017 at 10:05:38 AM RESOLUTION NO. 90, Janice K.Vos Caudill, Pitkin County, CO (Series of 2017) A RESOLUTION OF THE CITY OF ASPEN APPROVING AN EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 28, SERIES 2011 FOR THE LIFT ONE LODGE SUBDIVISION AND PLANNED DEVELOPMENT LEGALLY DESCRIBED AS LOTS 1-4 OF THE LIFT ONE SUBDIVISION/PUD, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 2013 AT RECEPTION NO. 5974389 COUNTY OF PITKIN, COLORADO. Parcel No. 2735-131-01-800, 2735-131-01-001, 2735-131-01-002, 2735-131-01-801 WHEREAS, The Community Development Department received an application from Lift One Lodge Aspen LLC, represented by Sunny Vann, of Vann and Associates, LLC, requesting approval of a three (3) year extension of vested rights for The Lift One Lodge Subdivision and Planned Development pursuant to City Council Resolution No. 41, Series 2015; and, WHEREAS, City Council approved Resolution No. 41, Series of 2015, granting approval of a two (2) year extension to vested rights, set to expire November 28, 2018; and, WHEREAS, the Aspen City Council has reviewed and considered the requested three (3) year extension of vested rights for the Lift One Lodge Subdivision and Planned Development 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 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 meets regulatory requirements; 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 an extension of vested rights for one year, to expire on November 28, 2019, conditioned on the following: 1. The statutory vested property right shall not preclude the applications of 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, and all adopted impact fees. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes and impact fees that are in effect at the time of building permit, unless an exemption therefrom is granted in writing. Page 1 of 2 Resolution No. 90 (Series of 2017) 2. All conditions from Ordinance 28, Series of 2011 and Planning and Zoning Commission Resolution 2, Series of 2016 shall remain in effect. 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 for the herein, unless amended by an authorized entity. Section 3• The Resolution shall not affect 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. Section 5: A duly noticed public hearing on the Resolution was held on the 22"d day�of May, 2017 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed and approved by a to �f tQ ( ( vote on this 22"d day of May, 2017. 7 Approved as to form: Approved as to content: jfZ-cs R. True, City Attorney Steven Sk on, Mayor Attest: Linda Manning, City lerk Page 2 of 2 Resolution No. 90(Series of 2017)