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HomeMy WebLinkAboutresolution.council.028-04RESOLUTION NO. 28 (Series of 2004) A RESOLUTION OF THE ASPEN CITY COUNCIL, GRANTING A TEMPORARY USE APPROVAL TO ALLOW FOR THE TOP OF MILL AFFORDABLE HOUSING PROJECT TO BE USED AS TEMPORARY CONSTRUCTION OFFICES FOR THE CONSTRUCTION OF THE GRAND HYATT HOTEL, LOT 3, PARCEL 2, TOP OF MILL SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PiTKIN COUNTY, COLORADO. Parcel ID: 2 73 7-182-02-202 WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant, Four Peaks Development, LLC, has submitted an application for a Temporary Use Permit to use the affordable housing unitS on Parcel 2 of the Top of Mill Subdivision as temporary construction offices for the construction of the Grand Aspen Hyatt Hotel; and, WHEREAS, the Applicant requests the temporary use until the completion of construction on the Grand Aspen Hyatt; and, WHEREAS, the Community Development Department has reviewed the temporary use application and recommends that the City Council approve the temporary use permit with conditions; and, WHEREAS, City Council finds that the proposed temporary use is consistent with the character and existing land uses of the surrounding parcels and neighborhood and that granting the temporary use permit will not adversely impact the neighborhood; and, WHEREAS, the Aspen City Council has reviewed and considered the temporary use request under the applicable provisions of the Municipal Code"as identified herein, has reviewed and considered the recommendation of 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 temporary use request meets or exceeds all applicable development standards and that the approval of the 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: Resolution No. 28, Series of 2004 Page 2 Section 1: In accordance with Section 26.450.020 of the Aspen Municipal Code, the City Council of the City of Aspen, Colorado, does hereby grant a temporary use permit to use the four-plex of affordable housing units on Parcel 2 of the Top of Mill Subdivision/PUD as temporary construction offices for the Grand Aspen Hyatt development, subject to the following conditions: 1. All provisions of this temporary use shall comply with Section M of the Aspen Mountain PUD Subdivision Improvements Agreement as amended. The temporary use Shall expire on October 12, 2004. The temporary use approval may be extended by the Community Development Director for 180-days if the request for extension is found to be consistent with this approval. The temporary use shall cease when a Certificate of Occupancy is issued to the Grand Aspen- Hyatt. Prior to occupying the affordable housing units as temporary construction offices, the units are required to obtain a certificate of occupancy from the City of Aspen Building Department. The Aspen/Pitkin County Housing Authority shall conduct an inspection of the Affordable Housing Units before they are inserted into the affordable housing lottery to verify that everything is working order and clean. The Applicant shall return the affordable housing units to "like-new" condition to the satisfaction of the Aspen/Pitkin County Housing Authority. 5. Any deed restrictions that have been previously recorded on the subject affordable housing units shall be amended to reflect the temporary use as construction offices. Section 2: 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 construed and concluded under such prior ordinances. Section 3: 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~ FINALLY, ADOPTED, PASSED, AND APPROVED on April 12, 2004, at a public hearing before City Council. Resolution No. 28, Series of 2004 Page 3 APPROVED AS TO FORM: ATTEST: Kathryn i~erk - '