HomeMy WebLinkAboutresolution.council.071-18 RECEPTION#: 647282, R: $23.00, D: 80.00
DOC CODE: RESOLUTION
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Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION NO. 71
(Series of 2018)
A RESOLUTION OF THE CITY OF ASPEN APPROVING AN EXTENSION OF THE
VESTED RIGHTS GRANTED BY ORDINANCE NO. 28, SERIES 2011 FOR THE LIFT
ONE LODGE SUBDIVISION AND PLANNED DEVELOPMENT LEGALLY
DESCRIBED AS LOTS 1-4 OF THE LIFT ONE SUBDIVISION/PUD, ACCORDING TO
THE PLAT THEREOF RECORDED MARCH 2013 AT RECEPTION NO. 597438,
COUNTY OF PITKIN, COLORADO.
Parcel No. 2735-131-01-800, 2735-131-01-001, 2735-131-01-002, 2735-131-01-801
WHEREAS,The Community Development Department received an application from Lift
One Lodge Aspen LLC, represented by Sunny Vann, of Vann and.Associates, LLC, requesting
approval of a three (3) year extension of vested rights for The Lift One Lodge Subdivision and
Planned Development pursuant to City Council Resolution No. 90, Series 2017; and,
WHEREAS, City Council approved Resolution No. 90, Series of 2017, granting approval
of a one (1) year extension to vested rights, set to expire November 28, 2019; and,
WHEREAS,The Community Development Department received an application from Lift
• One Lodge Aspen LLC, represented by Sunny Vann, of Vann and Associates, LLC, requesting
approval of a three (3) year extension of vested rights for The Lift One Lodge Subdivision and
Planned Development pursuant to City Council Resolution No. 41, Series 2015; and,
WHEREAS, City Council approved Resolution No. 41, Series of 2015, granting approval
of a two (2) year extension to vested rights, set to expire November 28, 2018; and,
WHEREAS, the Aspen City Council has reviewed and considered the requested three (3)
year extension of vested rights for the Lift One Lodge Subdivision and Planned 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 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 meets regulatory requirements; 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:
•
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Resolution No. 71 (Series of 2018)
Section 1:
The Aspen City Council does hereby approve an extension of vested rights for two (2) years, to
expire on November 28, 2021, conditioned on the following:
1. The statutory 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, 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. .
2. All conditions from Ordinance 28, Series of 2011 and Planning and Zoning Commission
Resolution 2. Series of 2016 shall remain in effect.
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 for the herein, unless amended by an authorized entity.
Section 3•
The 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 the Resolution was held on the 30th day of April, 2018 at 5:00
PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
FINALLY, adopted, passed and approved by a three to zero (3-0) vote on this 30`h day of April
2018.
Approved as to form: Approv d as to content:
James R. True, City Attorney Steven S adron, Mayor
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Resolution No. 71 (Series of 2018)
At t:
n
inda Manning, City CI k
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Resolution No. 71 (Series of 2018)