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RESOLUTION NO. 36
(Series of 2006)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A ONE (1)
YEAR EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO.
32, SERIES OF 2003 FOR THE SOUTH ASPEN STREET SUBDIVISION/PUD
APPROVAL, BEING A PARCEL OF LAND DESCRIBED AS PARCELS 1,2, AND 3,
OF THE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF
ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2735-131-13-001 (Parcell)
Parcel No. 2735-131-14-003 (Parcel 2)
Parcel No. 2735-131-23-001 (Parcel 3)
WHEREAS, the Community Development Department received an application
from Aspen Land Fund II, LLC, represented by Sunny Vann, of Vann and Associates,
requesting approval of a one (I) year extension of the vested rights granted for the South
Aspen Street Subdivision! PUD pursuant to Ordinance No. 32, Series of2003; and,
WHEREAS, City Council adopted Ordinance No. 32, Series of 2003, which
approved a subdivision!PUD and awarded Vested Property Rights status for the
development of fourteen (14) free-market residential units and seventeen (17) affordable
housing units until July 28, 2006; and,
WHEREAS, the applicant submitted the application for extension of vested
property rights on March 20, 2006 before the vested rights expired; 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 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 one (I) year extension of vested rights for the South
Aspen Street Subdivision! PUD; and,
WHEREAS, the Aspen City Council has reviewed and considered the requested
extension of vested rights for the South Aspen Street 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 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 one (I) year extension of vested rights as
approved by Ordinance No. 32, Series of2003 for parcels 1,2, and 3, of the South Aspen
Street SubdivisionIPUD, City and Townsite of Aspen for the South Aspen Street
SubdivsionIPUD with the following conditions:
I. 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, 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
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,
unless amended by an authorized entity.
Section 3:
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.
Section 5:
A duly noticed public hearing on this Resolution was held on the 8th day of May, 2006 at
5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
FINALLY, adopted, passed, and approved by a 4 to 0 vote on this 8th day of May 2006.
Approved as to form:
~
J~.r rcester, City Attorney
Attest:
Approved as to content: