HomeMy WebLinkAboutresolution.council.065-00 RESOLUTION NO. 65
(SERIES OF 2000)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A THREE YEAR
EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 14,
SERIES OF 1991, AND EXTENDED BY ORDINANCE NO. 31, SERIES OF 1994, AND
BY ORDINANCE NO. 28, SERIES OF 1997, ]FOR THE DEVELOPMENT
APPROVALS ON LOT lA OF THE ASPEN MEADOWS SPECIALLY PLANNED
AREA, CITY O]F ASPEN, PITK1N COUNTY, COLORADO.
Parcel No. 2735-121-29-008
WHEREAS, the Community Development Department received an application from
The Aspen Institute (Applicant), represented by Amy L. Margerum, Senior Vice President,
for a three year extension of vested rights for Lot lA 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 extension to June 21, 1997; and,
WHEREAS, City Council adopted Ordinance No. 28, Series of 1997, which
approved a three year extension to June 21, 2000; and,
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use
Code, City Council may grant an extension of vested rights for up to three years; and,
WHEREAS, the Community Development Director has rev3ewed the application and
recommended approval of a three year extension of vested rights for Lot lA finding that the
review criteria have been met; and,
WHEREAS, the Aspen City Council has reviewed and considered the extension of
vested rights for Lot IA under the applicable prowsions of the Municipal Code as identified
herein, lms 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 rights proposal meets or
exceeds all applicable land use standards and that the approval of the extension of vested rights
proposal, with conditions, is consxstem with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, TI~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1:
The Aspen City Council does hereby approve a three year extension of vested rights as
approved by Ordinance No. 14, Series of 1991, and extended by Ordinance No. 28, Series of
1997, and by Ordinance No. 31, Series of 1994, for Lot lA of the Aspen Meadows Specially
Planned Area, with the following condition:
1. All prior City of Aspen approvals shall remain in full force and effect for The Aspen
Meadows SPA.
2. That this newly established expiration date of vested rights of May 22, 2003 shall be
granted provided the applicant complies with Section 26.575.150: Outdoor Lighting
- Pursuant to Ordinance 99-47 made to the Aspen Land Use Code on November 23,
1999.
3. That any failure to abide by the terms and conditions attendant to this approval shall
result in the forfeiture of said vested property rights. Failure to properly record all
documents, plats, and agreements required to be recorded by the Municipal Code
shall also result in forfeiture of said vested property rights.
4. That nothing in the approvals provided in Ordinance No. 14, Series of 1991 shall
exempt the site specific developmem plan from subsequent reviews and or approvals
required by Ordinance No. 14, Series of 1991 or the general rules, regulations or
ordinances of the City provided that such reviews or approvals are not inconsistent
with the approvals granted and vested herein.
$. That the establishment herein ora vested property fight shall not preclude the
applications or regulations which are general in nature and are applicable to all
property subject ro 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.
Section 2:
All material representations and commitments made by the applicant pursuant to the
developmem 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 forth herein, unless amended by an authorized
entity.
Section 3:
This Resolution shall not effect any existing litigation and shall nor 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 22nd day of May, 2000, at
5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
FINALLY, adopted, passed and approved this 22nd day of May, 2000.
Approved as to form: Approved as to content:
Jo'lln Worcestor, City At~rney RaChel Richards, Mayor
Attest:
Kathryn S. I~ch, City Clerk