Loading...
HomeMy WebLinkAboutresolution.council.029-07 RESOLUTION NO. 29 (Series of 2007) 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 AND EXTENDED BY RESOLUTION NO. 36, SERIES OF 2006, 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 (1) year extension of the vested rights granted for the South Aspen Street Subdivision! POO pursuant to Ordinance No. 32, Series of2003; and, WHEREAS, City Council adopted Ordinance No. 32, Series of 2003, which approved a subdivisionIPOO 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 such vesting of rights was extended to July 28, 2007 through Resolution No. 36, Series of2006; and, WHEREAS, the applicant submitted the application for extension of vested property rights on March 7, 2007, 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 (1) year extension of vested rights for the South Aspen Street Subdivision! POO; and, WHEREAS, the Aspen City Council has reviewed and considered the requested extension of vested rights for the South Aspen Street Subdivision! POO 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 (1) year extension of vested rights as approved by Ordinance No. 32, Series of 2003 for parcels 1,2, and 3, of the South Aspen Street SubdivisionIPUD, City and Townsite of Aspen for the South Aspen Street SubdivisionIPUD with the following conditions: 1. That the provisions, conditions and requirements of Ordinance No. 32, Series of 2003 are in full force and effect; and 2. 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. 3. That this resolution allows for the extension of vested rights to July 28, 2008. 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 docwnentation 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 tU1constitutional 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 conducted by the Aspen City CotU1cil on the 23rd day of April, 2007, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed, and approved by a three to zero (3-0) vote on this 23rd day of April, 2007. Approved as to form: Approved as to content: ~m&~ /' . Worcester, City Attorney Attest: