HomeMy WebLinkAboutresolution.council.008-18 RECEPTION#: 644363, R: $28.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 4, 01/11/2018 at 01:54:26 PM
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION NO. 008
(SERIES OF 2018)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN
EXTENSION OF VESTED RIGHTS AT 101 W. MAIN STREET, LEGALLY
DESCRIBED AS LOTS 1 AND 2, MOLLY GIBSON LODGE PLANNED
DEVELOPMENT AND SUBDIVISION ACCORDING TO THE FINAL PLAT
THEREOF RECORDED JULY 21, 2016 IN PLAT BOOK 115 AT PAGE 1 AS
RECEPTION NO. 630849, PITKIN COUNTY, COLORADO.
Parcel ID: 273512455067,273512455005
WHEREAS, the Community Development Department received an application from
Stan Clausen Associates, Inc., on behalf of Haymax Lodging LLC, a Delaware limited
liability company, requesting a twenty-four (24) month extension of vested rights as approved
by Ordinance No. 3, Series 2015 that are set to expire June 24, 2018; and
WHEREAS, pursuant to Chapter 26.308.010 of the Land Use Code, City Council may
.approve an extension of vested rights; and
WHEREAS, the City Council reviewed the application and considered the Extension of
Vested Rights proposal 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 duly noticed public hearing; and,
WHEREAS, the City Council approve the request, by a vote of four to one (4:1), for a
twenty-four (24) month extension of vested rights associated with Ordinance No. 3, series 2015;
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 THE CITY OF
ASPEN, COLORADO, THAT:
Section 1•
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the City Council hereby approves a twenty-four (24) month Extension of Vested Rights
as approved by Ordinance No. 3, Series of 2015, through June 24, 2020 with the following
condition:
a) That the establishment herein of a 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,
I
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.
Section 2:
All material representations and commitments made by the Applicant pursuant to the vested
rights extension as herein granted, 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 :
This 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.
APPROVED BY the City Council of the City of Aspen on this 8`^ day of January 2018.
Or'� l
Steven Ska on, Mayor
AVind�
Manning, City Jerk
Approved as to form:
Jff6es R. True,City Attorney
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