HomeMy WebLinkAboutresolution.council.009-08RESOLUTION N0.9
(Series of 2008)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING AN EXTENSION OF
THE VESTED RIGHTS GRANTED BY ORDINANCE N0.32, 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, PITHIN COUNTY,
COLORADO.
Parcel No. 2735-131-39-001 (Parcel l)
Parcel No. 2735-131-39-002 (Parcel 2)
Parcel No. 2735-131-39-003 (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/ PUD pursuant to Ordinance No. 32, Series of 2003; 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, which was approved via Resolution
No. 36, Series of 2006; and,
WHEREAS, the applicant submitted the application for extension of vested property
rights before the vested rights expired in 2007, which was approved via Resolution No. 29,
Series of 2007; 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 an extension of vested rights for the South Aspen Street Subdivision/
PUD; and,
WHEREAS, the Aspen City Council has reviewed and considered the requested 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,
with conditions, is consistent with the goals and elements of the Aspen Area Community Plan and
will allow the applicant to participate in a master planning process of the subject property and some
surrounding areas; 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 extend the vested rights until July 28, 2009, as approved by
Ordinance No. 32, Series of 2003 for parcels 1, 2, and 3, of the South Aspen Street
Subdivision/PTJD, City and Townsite of Aspen for the South Aspen Street Subdivsion/PUD with
the following conditions:
1. That the establishment herein of a vested property right shall not preclude the application
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.
2. Due to the Applicant's consideration of participating in a master planning process of the
subject property and certain neighboring parcels, the existing application(s) for building
permit shall be considered dormant by the Chief Building Official and Section 105.3.2.,
Time limitation of application, of the 2003 International Building Code shall not apply
until July 28, 2009. Applicant shall have the right to reactivate the building permit
application at any time prior to July 28, 2009.
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 28th day of January, 2008 at 5:00
PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
FINALLY, adopted, passed, and approved by a 5 to 0 vote on this 28~' day of January 2008.
Approved as to form:
Approved as to content:
~/-~/u~
. Wo •cester, City Attorney Michael C. Ireland,
Attest:
Kathryn S. och, City Clerk
Exhibit A
Legal description of parcels 1, 2, and 3
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Exy~~iz ~,~„
L~GA,L D~SC62QPTi0oJ
PARCEL 1:
Block 6,
EAiNES ACDITION TO THE CITY AND TOWNSITE OF ASPEN,
mor=_ particularly described as follows:
Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Southedy right of
wa.i line of Cean Avenue, from whence the Northeast Comar of Section 13, Township 1D South, Range 85 West of the 6th
P.Fai. 'ears N 53°20'28" East 814.56 feet;
r;-,er,ca a!crgs:e Southerly right of way line of D=_an Avenue S 75°D9'11" E 33D feet to th=_ Westerly right of way line of
Aspen Strest;
r:,>~,-., alo;-g ;aid sight of way line of Aspen Stro°t S 14°50'49" W 130 feet to the NorL`~erly right of way line of Juan Stree ;
s..ce along said right of way line of Juan Street N 75°09'11" W 330 feet to the Easterly right of way line of Garmisch
Staet;
thence clang said r.ght of way Line of Garmisch Street N 14°50'49" E 130 feet to the pacS of beginning.
EXCEPTING therefrom: The portion described in Sock 232 at Page 362
The abov=_ parcel is also described as follows:
B=_gInning =_t a point which is the intersection of th=_ Easterly right-of-way line cf Garmisch Street and the Southerly
rig:-,, of-way line of Dean A.v=_nue, from whence th>_ Norheast comer of Section 13, Townshio 1 D South, Range 85 West of
rh=_ Slxh Principal Meridian bears N 53°2028" E 814.56 feet, more or less;
thence along the Southerly right-af-way line of Dean Avenue S 75°D9'11" E 330 fee, more or less, to the Westerly
right-af-way line of Aspen StreaY,
thence along said right-of-way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right-of-way line
of Juan St=_et;
thence a!cng said right-cf-way line of Juan Street N 75'09'11" W 298.20 feet, to the Southeasterly comer of that parcel o
lar- ~>>~'i-=d in'ook 232 at Page 362;
tha,-c= N 40°21'11" '~A1 along the Noriheasiar!y iir=_ of said parcel, a distance of 33.73 feet to the fJortheasterly right-of-way
Tine a Garmisch Street;
thence along said right-of-way line of Garmisch Street N ? 4°50'49" E 107.90 fe=_t, mor= or 12ss, to the point of beginning.
SAiC ?A.RCEL OP LAND ALSO BEING DESCRIBED AS FOLLOWS:
Bloc ; 6,
EAtaES ADDITION TO THE CITY AND TOWNS!TE OF ASPEN,
more particularly described as follows:
Beginning at a point which is the intersection of t~:e Easterly right of way line of Garmisch Street and the Southerly right of
way lice of Dean A; erne, from whence the Nan=ast Coner of Section 13, Townshio 10 Sou'~, F.ange 85 West of the 6th
Principal Verdian., h=_ars N 53°20'28" East 314.56 f=_et more or less;
thence along th=_ Southerly right of way line of Lear. Avenue S 75°D9'11" E 330 feet, more or less to the Westerly right of
way line of Aspen Street;
tha,ce along said right of way line of Aspen Stnee: S 14`SD'49" W 130 feet, more or less to the Northerly right of way line
of Juan Street;
t,ence along said right of way line of Juan Street N 75°09'11" W 330 feet, more or less to the Easterly right of way line of
Garmisch Street;
thence along said right of way line of Garmisch Stre_[ N 14°50'49" E 13D feet, more or less to the point of beginning.
EXCEPTING therefrom: That parcel of land descrbed in Book 232 at Page 362 in the records of the Clerk and Recorder
of Pitkin County, Colorado.
Said Parcel 1 is also described as follows:
Beginning at a point which is the intersection of the Easterly right-of-way line of Garmisch Street and the Southerly
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right-of-way line of Dean Avenue, from whence the Northeast comer of Section 13, Township 10 South, Range 85 Wesi of
the Sixth Principal Meridian bears N 53°20'28" E 814.56 feet, more or less;
thence along the Southerly right-of-way line of Dean Avenue S 75°09'11" E 330 fee, more or less, to the Westerly
right-of-way line of Aspen Street;
thence along said right-of-way line of Aspen Street S 14°50'49" W 130 feet, mor=_ or less to the Northerly right-of-way line
of Juan Street;
thence along said right-of-way line of Juan Street N 75°09'11" W 298.20 feet, to the Southeasterly comer of that parcel of
land described in Book 232 at Page 362;
thence N 40°21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way
line of Garmisch Street;
thence along said right-of-way line of Garmisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning.
PARCEL 2:
That portion of the Northeast one-quarter of the Northeast one-quarter (Lot 1) of Section 13, Township 10 South. Range
35 West of the 6th P.M., described as follows:
Beginning at the Northeast Corner of Lot 13, Block 11, Eames Addition;
thence N 75°C9'11" NJ 151.25 feet;
thence S 14°50'49" W 73.00 feet;
thence S 03°55'43"'N 104.99 feet;
thence S 75°09'11" E 150.00 feet;
thence N 14°50'49" E 240.00 feet to the point of beginning.
ALSO KNOWN AS
Lots 13, 14, 15, 16, 17, 13, 19 and 20,
Block 11,
EAMES ADDiTiON TO THE CITY AND TOWNSITE Or ASPEN,
and a tract of land being part of Lot 1 of Section 13, Tcweship 10 South, Range 85 West of the 6th P.M., described as
follows:
Beginning at th=_ North~msterfy corner of Lot 13, Block 11, Eames Addition;
thence S 14°0'4S" V'J 240.00 feet along the Westerly line cf said 61ock 11 to the Southwesterly comer of Lot 20, Block 11,
Eames Addition;
thence N 03'55'43" E 164.99 feet;
thence N 14°5C'^^-5' ~_ 73A0 feet;
thence S 75'09'11" E 31.25 feat to the point of beeinning.
AND
Lots 7, 8, 9, 10, 11 and 12,
Block 11,
EAMES ADDITION TO THE CITY AND TO`NP!SITE OF ASPEN, more fully described as follows:
Beginning at ~~e Northwesterly corner of said Lot 7;
thence S 75°09'11" E 180.00 feet along the Northerly boundary line of said Block 11;
thence S 14°50'43" ~W 100.00 feet along the Easterly boundary line of said Block 11;
thence N 75°G9'11" L'; 180.CC feet along the Southerly boundary line of said Lots 7-12 to the Southwesterly comer of said
Lot 7;
thence N 14°50'43" E 100.00 feet along the Westerly boundary line of said Lot 7 to the point of beginning.
SAID PP.RCEL OF L4ND ALSO BEING DESCP.IBED AS FOLLOWS:
Beginning at the Sou:h~^~est corner of said Let 7, a rebar and cap PLS # 29030, from which a rebar and cap PLS # 2547
bears N 55° E a distance of 0.7 feet;
thence N 14':;0'49" E along t;.e westerly line of said Lot 7, a distance of 100.00 feet to the Northwest corner of said Lot 7,
also being at ;he Southerly right-of-way of Juan Street in the City of Aspen, a rebar and cap PLS # 2547;
thence S 75°09'11" E along tha Northerly line of said 31ock 11, also being the Southerly right-of-way line of said Juan
Street a distance of 180.00 `.at to the Northeast corner of said Block 11, a rebar and cap PLS # 29030;
thence S 14°50'49" W along the Easterly line of said Block 11, also being the Westerly right-of-way of Aspen Street in the
City of Aspen a distance of 100.00 feet to the Southeast comer of said Lot 12, a rebar and cap PLS # 29030;
thence N 75°09'11" W along the Southerly line of said Lots 7,8,9,10,11 and 12 a distance of 180.00 feet to the point of
beginning.
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AND
The vacated alley situated in Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN.