HomeMy WebLinkAboutresolution.council.015-05 SOLUTION NO.
(Series of 2005)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXEMPTION
FROM THE EXPIRATION OF VESTED LAND USE RIGHTS, AND A THREE (3) YEAR
EXTENSION OF THE VESTED DEVELOPMENT RIGHTS GRANTED BY ORDINANCE
NO. 7, SERIES OF 2002, FOR PARCELS 4, 7 AND 8 OF THE TOP OF MILL
SUBDIVISION/PLANNED UNIT DEVELOPMENT, CITY AND TOWNSITE OF ASPEN,
PITKIN COUNTY, COLORADO.
Parcel Nos. 2737-182-02-204, 2737-182-02-207, 2737-182-02-208
WHEREAS, the Community Development Department received an application from the
representative of the three o~vners of said parcels, Klein, Cote & Edwards, P.C, requesting
approval of an exemption of the expiration of vested rights granted for the Top of Mill
Subdivision/PUD pursuant to Ordinance No. 7, Series of 2002; and,
WHEREAS, City Council adopted Ordinance No. 7, Series of 2002, which approved a
Subdivision and PUD and granted Vested Property Rights status for Top of Mill
Subdivision/PUD Development until March 11, 2005; and,
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use
Code, City Council may grant an exemption from expiration of vested rights or and/or an
extension of vested rights afier a public hearing is held and a resolution is adopted; and,
WHEREAS, the Community Development Director has reviewed the application and
recommended approval of exemption from expiration of the land use rights and a three (3) year
extension of development rights for the Top of Mill Subdivision/PUD; and,
WHEREAS, the Aspen City Council has reviewed and considered the requested exemption
from expiration of vested rights for the Top of Mill Subdivision/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 hearing; and,
WHEREAS, the City Council finds that the exemption from the expiration of vested rights
and the extension of vested rights meets or exceeds all applicable land use standards and that the
approval of such, 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:
Section 1:
The Aspen City Council does hereby approve an exemption from expiration of vested rights and
an extension of vested rights in accordance with Ordinance No. 7, Series of 2002 for Parcels 4, 7
and 8, Top of Mill Subdivision/PUD, City and Townsite of Aspen, with the following conditions:
1. The exemption from expiration of vested rights will apply only to vested rights
regarding the land use granted through Ordinance 7, Series of 2002. The land use will
remain in effect as single-family residential until such time as a zone change is approved
to allow single family residences and ADUs as a permitted use. Ali development
dimensional standards and requirements as put forth in the afbrementioned ordinance
shall continue to apply.
2. All vested rights for the Parcels 4, 7 and 8 as outlined in Ordinance 7, Series of 2002,
are hereby granted an extension of vested property rights for three (3) years, establishing
an expiration date of March 1 I, 2008.
3. The establishment herein of a vested property right shall not preclude the application 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. The developer shall abide by any and all
such building, fire, plumbing, electrical and mechanical codes that are in effect at the
time of building permit, unless an exemption therefrom is granted in writing.
Section 2:
All material representations and commitments made by the applicant pursuant to the development
proposal approvals as herein awarded, whether in public heating 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 amhorized 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 mason
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 thereofi
Section 5:
A duly noticed public hearing on this Resolution was held on the 14th day of March, 2005, at 5:00
PM in the City Cotmcil Chambers, Aspen City Hall, Aspen, Colorado.
FINALLY, adopted, passed, and approved by a to ~_-~ vote on this 14a~ day of
March, 2005.
Approved as to form:
J o hl~q~'~o~c~e~t~ r,~ (~itY Attorney
Approved as to content:
Attest:
a ryn S. rxocty, tt~tytzlerk
H:\chrisl\Applications\City Council\Top of Mill Exemption