HomeMy WebLinkAboutresolution.council.066-00 RESOLUTION NO. 66
(Series of 2000)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A 21-MONTH
EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 6.
SERIES OF 1998 FOR THE TIPPLER TOWNHOMES DEVELOPMENT
APPROVAL, 535 DEAN STREET, A PARCEL OF LAND SITUATED IN LOTS L, M,
AND N, BLOCK 97, ASPEN TOWNSITE, LOT 1, TIPPLE WOODS SUBDMS1ON
AND LOT 2, GANNON'S ENTRY IN THE NW ¼ OF SECTION 18, TOWNSHIP 10
S., R. 84 W., OF THE 6m P.M., CITY OF ASPEN, PITI(AN COUNTY, COLORADO.
Parcel No. 2737-182-96-033
WHEREAS, the Community Development Department received an application
from Kettle Corporation, represented by Sunny Vann, Vaun Associates, LLC, for a
twenty-one (21) month extension of vested rights for Lots L, M, and N, Block 97, Aspen
Townsite, Lot 1,.Tipple Woods Subdivision and Lot 2, Gannon's Entry; and,
WHEREAS, pursuant to the provisions of the Colorado Business Corporation
Act, the Kettle Corporation was merged into a new Colorado corporation called Malayer
Inc. effective Monday, May 15, 2000. Accordingly, Kettle Corporation no longer exists,
and its assests and liabilities belong to Malayer Inc.; and
WHEREAS, the applicant for the extension of vested rights herein is still Sirous
Saghatoleslami. However, he now owns the property through Malayer and is the sole
owner of 100 percent of the stock of Malayer Inc.; and,
WHEREAS, the subject property is located in the Lodge / Tourist Residential
Zone Districts; and, '
WHEREAS, City Council adopted Ordinance No. 6, Series of 1998, which
approved a GMQS Exemption, Subdivision, and Vested Property Rights status for the
Tippler Townhomes Development until May 26, 2001; 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 after
a public hearing is held and a resolution is adopted; and,
WHEREAS, the Community Development Director has reviewed the application
and recommended approval of a twenty-one (21) month extension of vested rights for
Lots L, M, and N, Block 97, Aspen Townsite, Lot 1, Tipple Woods Subdivision and Lot 2,
Gannon's Entry finding that the property was in litigation for 21 months following
development approval and that review criteria have been met; and,
WHEREAS, the Aspen City Council has reviewed and considered the extension of
vested rights for Lots L, M, and N, Block 97, Aspen Townsite, Lot 1, Tipple Woods
Subdivision and Lot 2, Oarmon's Entry 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 rights 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
ASPEN, COLORADO, THAT:
Section 1:
The Aspen City Council does hereby approve a twenty-one (21) month extension
of vested rights as approved by Ordinance No. 6, Series of 1998 for Lots L, M,
and N, Block 97, Aspen Townsite, Lot 1, Tipple Woods Subdivision and Lot 2,
Garmon's Entry for the Tippler Townhomes Development with the following
conditions:
1. That the Tippler Townhomes development's vested fights status, as originally
established on May 26, 1998, will expire on May 26, 2001. As a result of the 21
months lost to litigation beyond the applicant's control, a new expiration date of
vested rights for the Tippler Townhomes development shall be established as
February 26, 2003.
2. That this newly established expiration date of vested rights of February 26, 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 11/23/99 subsequent to the Tippler Townhomes development's original
development order on May 26, 1998 pursuant to Ordinance No. 6, Series of 1998.
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. 6, Series of 1998 shall
exempt the site specific development plan from subsequent reviews and or
approvals required by Ordinance No. 6, Series of 1998 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.
5. That the establishment 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 therefrom is granted in writing.
Section 2:
All material representations and commitments made by the applicant pursuant tb 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 forth
herein, tm/ess amended by an authorized 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 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:
Jolin Worcester, City AttOrney a ,
Attest: