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HomeMy WebLinkAboutresolution.council.096-00 Resolution No.~5~ ~ (SERIES OF 2000) RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING RECORDATION EXTENSION REQUEST FOR THE PLANNED UNIT DEVELOPMENT PLAT, DRAWINGS, AND AGREEMENT FOR MOLLY GIBSON EMPLOYEE HOUSING LOCATED AT 101 WEST MAIN STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-124-55-060 WHEREAS, the Community Development Department received an application from David Tash, "owner in part" of the Molly Gibson Lodge, requesting a 60-day extension to record Ordinance No. 56, Series 1999 adopted by City Council on January 10, 2000 for the Molly Gibson Employee Housing Planned Unit Development to add a 3- bedroom employee unit to the Molly Gibson Lodge located at 101 West Main Street, Aspen, Colorado; and WHEREAS, the subject property is located in the Commercial Zone Districts; and, WHEREAS, Planning and Zoning Commission approved this request for Minor PUD on December 7, 1999 and City Council approved this request for Minor PUD as per Ordinance No. 56, Series 1999 on January 10, 2000; and WltEREAS, pursuant to Section 26.445.070 of the Aspen Municipal Code, Recording a Final PUD Development Plan, City Council may, at its sole discretion and for good cause shown, grant an extension of the deadline, provided a written request for extension is received no less than thirty (30) days prior to the deadline. Reconsideration of the final development plan and PUD agreement by the Planning and Zoning Commission and City Council may be required before its acceptance and recording; and WHEREAS, the Community Development Director has reviewed the application and recommended approval of a sixty (60) day extension of to record Ordinance No. 56, Series 1999 for the Molly Gibson Employee Housing Planned Unit Development; and, VfltEREAS, the Aspen City Council has reviewed and considered the extension to record Ordinance No. 56, Series 1999 for the Molly Gibson Employee Housing Planned Unit Development 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 to record Ordinance No. 56, series 1999 for the Molly Gibson Employee Housing Planned Unit Development meets or exceeds all applicable land use standards and that the approval of the extension, 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; and, WHEREAS, during a duly noticed public hearing at a regular meeting on July 10, 2000, the City Council, approved a 60-day extension to record Ordinance No. 56, Series 1999 and associated plats, drawings, and agreements for the Molly Gibson Employee Housing Planned Unit Development to add a 3-bedroom employee unit to the Molly Gibson Lodge located at 101 West Main Street, Aspen, Colorado, with conditions, by a vote of~- to ~22>. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section 1: The Aspen City Council does hereby approve a sixty (60) day extension to September l0th, 2000 to record Ordinance No. 56, Series 1999 and associated plats, drawings, and agreements for the Molly Gibson Employee Housing Planned Unit Development to add a 3-bedroom employee unit to the Molly Gibson Lodge located at 101 West Main Street, Aspen, Colorado with the following condition: 1. That the deed restriction as referenced in condition #20 of Ordinance 56, Series 1999 adopted by City Council on January 10, 2000 specifically include a provision limiting the occupancy of the three (3) bedroom employee housing unit solely to bonafide full-time employees of the Molly Gibson Lodge. Such deed restriction must be submitted prior to the application of a building permit and meet with the approval of the City Attorney. 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 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 10th day of July, 2000, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed, and approved this 10th day of July, 2000. Approved as to form: Approved as to content: Jo~n ~orce-~te~r, City Attorney R~chel E. Richards, ~.vor Attest: