Loading...
HomeMy WebLinkAboutLand Use Case.101 W Main St.A104-02CASE NUMBER A104-02 PARCEL ID # 2735-124-55031 CASE NAME Molly Gibson Lodge Development Order Extension PROJECT ADDRESS 101 W Main St PLANNER James Lindt CASE TYPE Development Order Extension OWNER/APPLICANT Molly Gibson Lodge REPRESENTATIVE DATE OF FINAL ACTION 1/27/03 CITY COUNCIL ACTION Reso. 8-2003 PZ ACTION ADMIN ACTION Approve BOA ACTION DATE CLOSED 1/28/03 BY J. Lindt DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter ';Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date Of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Aspe~ Molly Gibson Lodge~ LLC, 101 W. Main S~ Aspen, CO 8161I Property Owner's Name, Mailing Address and telephone number Lots O, P, and Q, Block 59, city and Townsite of Aspen Legal Description and Street Address of Subject Property A three (3) year extension of the vested right--anted in Ordinance 56 Series of 1999 Written Description of the Site Specific P1an and/or Attachment Describing Plan _City Council Resolution #8, Series 0f2003, 1/27~03 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) February 8, 2003 Effective Date of Development Order (Same as date of publication of notice of approval.) January 11, 2006 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 8th day of February, 2003, by the City of Aspen Community J~!~e Ann Woods, Commun-ity Development Director PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval ora site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lots O, P, and Q, Block 59, City and Townsite of Aspen, by resolution of the City Council numbered 8, series of 2003. A three (3) year extension of the vested property rights granted in Ordinance No. 56, Series of 1999 was awarded to the Molly Gibson Lodge. For further information contact Julie Ann Woods at the Aspen Community Development Dept, 130 S. Galena St, Aspen, Colomdo (970) 920-5090. s/City of Aspen Publish in The Aspen Times on February 8, 2003 RESOLUTION NO. 8 5~C~) (series of 2003) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A THREE (3) YEAR EXTENSION OF THE VESTED ~GHTS G~TED BY O~ANCE NO. 56. SERIES OF 1999 FOR THE MOLLY GIBSON MINOR PLANNED UNIT DEVELOPMENT APPROVAL, 120 W. HOPKINS AVENUE, A PARCEL OF LAND DESCRIBED AS LOTS O, P~ AND Q, BLOCK 59, CITY AND TO,SITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2755-124-$5-031 WHEREAS, the Community Development Department received an application from Aspen Molly Gibson Lodge, LLC, represented by DaVid Tash, requesting approval of a three (3) year extension of the vested rights granted for the Molly Gibson Minor PUD pursuant to Ordinance No. 56, Series of 1999; and, WHEREAS, City Council adopted Ordinance No. 56, Series of I999, which approved a Minor PUD and awarded Vested Property Rights status for the Molly Gibson Lodge Development until January 11, 2003; and, WHEREAS, the applicant submitted the application for extension of vested property rights on December 9, 2002 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 for up to three years 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 three (3) year extension of vested rights for the Molly Gibson Minor PUD; and, WHEREAS, the Aspen City Council has reviewed and considered the requested extension of vested rights for the Molly Gibson Minor 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, WltEREAS, the City Council finds that the extension of vested rights proposal meets or exceeds all applicable land use standards and that the apprc>val 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 three (3) year extension of vested rights as approved by Ordinance No. 56, Series of 1999 for Lots O, P, and Q, Block 59, City and Townsite of Aspen for the Molly Gibson Lodge Minor PUD with the following conditions: 1. That the establistunent 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. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, m~less an exemption therefrom is granted in writing. 21 The Applicant shall convey an undivided fractional interest (one tenth of 0.1%) in the ownership of the deed-restricted employee housing milt to the Aspen/Pitkin County Housing Authority for the purposes of complying with the recent Colorado Supreme Court Decision regarding rent control legislation. To satisfy the rent control issue, the Applicant may submit an alternative option acceptable to the City Attorney. This shall be satisfied prior to building permit issuance. 3. The Applicant shall indemnify and hold harmless the Aspen/Pitkin County Housing Authority and City of Aspen from any claims, liability, fees or similar charges related to ownership in the deed restricted employee-housing unit. 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 docmnentation 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 concldded 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 27th day of January, 2003, at 5:00 PM in the City Council Cho~abers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed, and approved by a five to zero (5-0) vote on this 27th day of January, 2003. Approved as to form: Approved as to content: John P. Worcester, City Attorney Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City Clerk To: Mayor and City Council THRU: Julie Ann Woods, Community Development DirectorC~cJ FROM: James Lindt, Planner~-L.,- RE: Molly Gibson PUD Extension of Vested Rights DATE: January 27, 2003 STAFF COMMENTS: APPLICANT: Aspen Molly Gibson Lodge The applicant, Aspen Molly Gibson LLC. Lodge, LLC, represented by David Tash, requests an extension of the Molly Gibson REPRESENTATIVE: David Tash, Manager PUD's vested property rights status. Initially, City Council granted unanimous PARCEL ID: 2735-124-55-031 approval of the project to add a voluntary tln'ee bedroom employee-housing unit to ADDRESS: 120 W. Hopkins Avenue the lodge on January 10, 2000. CURRENT LAND USE: Lodge The project's original vested rights period expired on January l lth. However, the PROPOSED LANDIJSE: applicant submitted an application for The Molly Gibson Minor Planned Unit extension of the project's vested rights Development, approved on January I0, prior to January 11th. The applicant wishes 2000, involves the addition ora voluntary to gain approval to extend the original three bedroom affordable housing unitto vested rights period by three (3) years the existing Molly Gibson Lodge. thereby establishing a new date of expiration of vested rights of January 11, REVIEW PROCEDURE: 2006. Extension of Vested Rights. City Council may by resolution at a public hearing approve The applicant requests the proposed an extension of vested rights, extension of vested rights because of the recent downturn in the economy and the Iocal business climate. Staff believes that the applicant has made progress towards the development of the project by virtue of recording a PUD Plat and Agreement within the 180 day time period that was required in the original approval ordinance. The employee-housing unit that was approved to be added to the Molly Gibson is not required for employee housing mitigation purposes and is voluntary on the part of the applicant. Moreover, Staff feels that approved addition of the voluntary employee housing unit still furthers the Aspen Area Community Plan's affordable housing goals relating to the private sector's participation in develoPing affordable housing. STAFF RECOMMENDATION: Staff recommends approval of the extension of vested property rights for three (3) years to establish an expiration date of January 11, 2006 for the Molly Gibson PUD Development located at 120 W. Hopkins Avenue with the following condition: 1. 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. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes that are in affect at the time of building permit, unless an exemption therefrom is granted in writing. RECOMMENDED MOTION: "I move to approve Resolution No. ~, Series of 2003, approving with a condition, a three (3) year extension of vested property rights for the Molly Gibson Minor Planned Unit Development located at 120 W. Hopkins as was originally approved by Ordinance No. 56. Series of I999. The new expiration date will be January 11. 2006." CITY MANAGER'S COMMENTS: ATTACHMENTS: Exhibit A -- Review Criteria & Staff Findings Exhibit B -- Ordinance No. 56, Series of 1999 Approving the Minor PUD Exhibit C -- Application Letter 2 RESOLUTION NO. ~C~ (Series of 2003) A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A THREE (3) YEAR EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 56. SERIES OF 1999 FOR THE MOLLY GIBSON MINOR PLANNED UNIT DEVELOPMENT APPROVAL, 120 Wi HOPKINS AVENUE, A PARCEL OF LAND DESCRIBED AS LOTS O, P, AND Q, BLOCK 59, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO, Parcel No. 2735-124-55-031 WHEREAS, the Community Development Department received an application from Aspen Molly Gibson Lodge, LLC, represented by David Tash, requesting approval of a three (3) year extension of the vested rights granted for the Molly Gibson Minor PUD pursuant to Ordinance No. 56, Series of 1999; and~ WHEREAS, City Council adopted Ordinance No. 56, Series of 1999, which approved a Minor PUD and awarded Vested Property Rights status for the Molly Gibson Lodge Development until January 11, 2003; and, WHEREAS, the applicant submitted the application for extension of vested property rights on December 9, 2002 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 for up to three years 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 three (3) year extension of vested rights for the Molly Gibson Minor PUD; and, WHEREAS, the Aspen City Council has reviewed and considered the reqUested extension of vested rights for the Molly Gibson Minor 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 three (3) year exteusion of vested rights as approved by Ordinance No. 56, Series of 1999 for Lots O, P, and Q, Block 59, City and Townsite of Aspen for the Molly Gibson Lodge Minor PUD with the following condition: 1. That the establishment herein ora 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. The developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, 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 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 27th day of January, 2003, at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado. FINALLY, adopted, passed, and approved this 27th day of January, 2003. Approved as to form: Approved as to content: John P. Worcester, City Attorney Helen Kalin Klanderud, Mayor Attest: Kathryn S. Koch, City clerk EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS SECTION 26.308.010 VESTED PROPERTY RIGHTS Extension or Reinstatement Qf Vested Rights In reviewing a request for the extension or reinstatement of a development order and associated vested rights, the Ci.ty Council shall consider, but not be limited to, the following criteria: a. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement; STAFF FINDING: The conditions of approval that were established in approving the original development proposal all are to take effect prior to or in conjunction with the building permit submittal with the exception of the preparation and recordation of the PUD Plat and Agreement. The PUD Plat and Agreement have already been filed with the Clerk and Recorder's Office. Therefore, Staff does not believe that there are any outstanding conditions of approval that have to be met prior to applying for an extension of vested rights. Staff finds this criterion to be met. b. The progress made in pursuing the project to date including the effort to obtain any other permits, including a building permit, and the expenditures made by the applicant in pursuing the project; STAFF FINDING: The applicant contends that the current downturn in the local economy is preventing the development of the approved project. Staff believes that the applicant has intentions of pursuing the project due to the fact that the applicant has prepared and recorded a PUD Plat and Agreement with the Pitkin County Clerk and Recorder's Office. Staff finds this criterion to be met. c. The nature and extent of any benefiis already received by the City as a result of project approval such as impact fees or land dedications; STAFF FINDING: Outside of the application processing costs incurred by the applicant with respect to City Land Use Application Fees and Referral Fees, there have been no benefits already received by the City as a result of project approval such as impact fees or land dedication. Impact fees are collected at the time of building permit issuance. However, Staff believes that the approval of the voluntary employee housing unit and the vested rights that were afforded the applicant are still consistent with the City's affordable housing goals. Staff finds this criterion to be met. 3 d. The needs of the City and the applicant that would be served by approval of the extension or reinstatement request. STAFF FINDING: The Aspen Area Community plan (AACP) specifies that the development of affordable housing within the traditiOnal town site should be encouraged. Moreover, the approved addition of a voluntary affordable housing unit is in keeping with the AACP's goal of encouraging the private sector to develop affordable housing. Therefore, Staff believes that the proposed extension of vested rights would benefit the City by encouraging the applicant to pursue the approved development in the future that furthers several of the City's affordable housing goals. Staff finds this criterion to be met. 4 ORDINANCE NO. 56 (SERIES OF 1999) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING THE MOLLY GIBSON LODGE MINOR PLANNED UNIT DEVELOPMENT, LOTS O, P AND Q, BLOCK 59, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Comanumty Development Department received an application (the Project) from Aspen's Molly Gibson Lodge, LLC, owner of the Molly Gibson Lodge, represented by Francis X. Krizmanich, located on Lots O, P and Q, Block 59, City and Townsite of Aspen. for a Minor Planned Unit Development (PUD) to construct an attached employee dwelling unit to the northwest corner of the Molly Gibson Lodge building located at 120 West Hopkins Avenue; and, WHEREAS, the Molly Gibson Lodge is located in the Office Zone District, Medium Density Residential Zone District (R-6), and Lodge Preservation Overlay (R6- LP) Zone District; and, WHEREAS, pursuant to Section 26.445 of the Land Use Code, dimensional requirements of properties located in the Lodge Preservation (LP) Overlay Zone District may be established through the PUD review process; and, WHEREAS, pursuant to Section 26.445 of the Land Use Code, the City Council may approve a Planned Unit Development during a duly noticed public hearing after considering a recommendation from the Planning and Zoning Commission made at a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Director, and recommendations :[rom relevant referral agencies; and, WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City Water Department, City Engineering, City Parks Department, the Asper~Pitkin County Building Department, the AsperffPitkin County Housing Authority, and the Community Development Department reviewed the Project and recommended approval with conditions; and, WltEREAS, during a duly noticed public hearing on December 7. 1999, the Planning and Zoning Commission recommended, by a six to zero (6-0) vote, that the Aspen City Council approve the Molly Gibson Lodge Minor Planned Unit Development. with conditions contained'herein, by a four to zero (4-0) vote; and, WHEREAS, the Aspen City Council has rewewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Commtmity ·, Plan; and, 44456~. 06/26/2000 03:57P ORDINRNC DRVTS SILV! I at' 5 R 25.00 D 0.00 N 0.00 p*rTKZN COUNTY CO WHEREAS, the City Council f'mds that this Ordinance furthers and is necessary for the promotion of Public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Molly Gibson Lodge Planned Unit Development, consisting of an affordable housing unit addition to the existing lodge, is approved subject to the conditions of approval described hereinafter. Conditions of Approval: 1. A PUD Agreement shall be recorded within 180 days of the final approval by City Council and shall include the following: a. The information required to be included in a PUD Agreement, pursuant to Section 26.445.070(C). 2. A Final PUD Plan shall be recorded within 180 days of the final approval granted by City Council and shall include: a. A final plat meeting the requirements of the City Engineer and showing easements, encroachment agreements and licenses with reception numbers for physical improvements and parking spaces within City rights-of-way, location of utility pedestals, and a note stating that a witness corner will be installed on the north east comer of the property after completion of construction. b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project's architectural character~ d. A drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. Ifa ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 2-year storm frequency should be used in designing any drainage improvements. 3. The PUD Agreement and the Final PUD Plans shall be recorded prior to an application for a building permk may be accepted by the Building Department. 4. The building pemfit application shall include: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval, for both the lodge expansion and the Minor PUD, printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. I IIIIII IIIII IIIlll IIlll IIII Illlll Illlll III IIIll Illl 444561. 06/26/2000 03=57P ORDTN~NC DAVIS SILV! 2 of* 5 R 25.00 D 0.00 N 0.00 PZTK'rN COUNTY · d. A tree removal permit as required by the City Parks Department and any approval I from the Parks Department Director for off-site replacement Or mitigation of removed trees. e. A completed curb, gutter, and sidewalk agreement. f. A completed agreement to join any future improvement districts formed for the purpose of constructing improvements in adjacent public rights-of-way. g. A lighting plan for the new employee dwelling unit that shows the following: 1) The location and height above grade of light fixtures; 2) The type (such as incandescent, halogen, high pressure sodium) and lUminous intensity of each light source; 3) The type of fixture (such as floodlight, full-cutoff, lantern, coach light); 4) Estimates for site illUmination resulting from the lighting, as measured in foot-candles, should include minimUm, maximum and average illUmination. Comparable examples already in the community that demonstrate technique, specification, and/or light level should be provided if available to expedite the review process; and 5) Other infonuation deemed necessary by the Community Development Director to document compliance with provisions of the Land Use Code. 5. The building plans shall demonstrate an adequate fire sprinkler system and alarm system for the new portion of the structure. · : :/ 6. There shall be 150 or greater net livable square feet of living area per person, including sleeping and bathroom, 7. At least one bathroom shall be provided for shared use by no mor~ than four persons. 8. A kitchen facility or access to a common kitchen shall be provided. 9. The maximum rental rate should not exceed $350 per Person for this unit. 10. Prior to issuance of a building permit: a. The primary contractor shall submit a letter to the Community Development Director stating that the conditions 0f approval have been read and understood. b. All tap fees, impacts fees, and building permit fees shall be paid. If an alternativ~ agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. 11. No excaVation or storage of dirt or material shall occur within tree driplines. 12. All construction vehicles, materials, and debris shall be maintained on-site and not within public rights-of-way unleSs specifically approved by the Director of the Streets Department. All vehicle parking, including contractors' and their employeeS', shall abide by the 2 hour residential parking limitation of the area. The applicant shall inform the contractor of this condition. I Illlll IIlll Illlll IIII1 IIll Illlll Illlll 444561 06/26/2000 03i57P ORDZNANC DAVZS SrLV! 3 o~' 5 R 25.00 D 0.0~ N 0.00 PITK!N COUNTY CO 13. The applicant shall abide by alt noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m. 14. Prior to issuance of a Certificate of Occupancy or Certificate of Completion for the employee unit, a member of the AsperdPitkin County Housing Authority shall inspect the units to determine if the units comply with the representations made in the application. 15. Before issuance of a building permit, the applicant shall record the Planrfing and Zoning Resolution with the Pitkin County Clerk and Recorder located in rite Courthouse Plaza Building. There is a per page recordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 16. That optional safety features, as required and approved by the Fire Marshal, be shown on the building permit plans. 17. That a deed restriction which meets with the Housing Authority approval be filed in the records of the County Clerk and Recorder prior to the building permit. Section 2: Al1 material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public heating or documentation presented before the Planning and Zoning Commission or 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 Ordinance 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 Ordinance 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: Pursuant to Section 26.304.070 of the Municipal Code, the City Clerk shall cause notice of this Ordinance to be published m a newspaper of general circulation with/n the City of Aspen no later than fourteen (14) days following final adoption hereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 13~ day of December 1999. I IIIIII IIIII IIIIII IIII1 Illl IIIIII Illlll III IIIII IIII 444561 06/26/2000 03:5TP ORDINANC DGIVIS SILV! 4 of 5 R 25.00 D 0.00 N 0.00 PZTKIN COUNTY CO ~f~6eh, Ciiy Clerk "~ Ra ~- adopted, p~sed m~d approved ~s 10~ day of J~u~, 2000. to form: Approved as to content: I tlllt[ IIIIt IIIIII IIIII IIII IIIIII IIII IIII Mollyt gibson December 9, 2002 Mr. Steven Kanipe Community Development 130 S. Galena Street Aspen, CO 81611 Dear Mr. Kanipe, ]~ am writing to request an extension of our Minor PUD for the Molly Gibson Lodge. This was granted to the Iodge for the purpose of building employee housing. Given the recent business climate the Molly Gibson Lodge has not been in a position to proceed upon the Development Order. Given the uncertainty of the current business environment I would ask for the maximum extension allowed. I believe that this project is still in the community and hotels interest. Sincerely, David Tash Manager/Partner 101 West Main Street }}, 970.925.3434 [~r'k~ ~J ~ ~002 800356.6559 Fax: 970.925.2582 ASPEN BUILDING DEPARTMENT ....... .~o~.~m MAIN ST J~ MAIN ~ E MAIN VICINITY MAP ~ ~ MOLLY GIBSON 5sstaou'rHMl~ts'ruee'r ^SX'EN. CO 101 WEST MAIN STREET ?1~ Option I MOLLY GIBSON ~ ~s.ou'r. Mic[s'rue£T ^srBe~,co I01 WEST MAIN STREET 130 S. Galena St. Aspen CO 81611 (970) 920-5090 (970) 920-5439, fax To: David Tash From: James Lindt Fax: 925-2582 Pages: Phone: Date: 1/22/03 Re: Staff Memo CC: [] Urgent [] For Review [] P!ease C0mmen~ [] Please Reply [] Please Recycle · Comments: Hi David, Here is the Staff Memo for your extension of vested rights request. 1 would ask that you please be at the meeting around 5:15 PM. Please bring your a~davit for proof of notice with a picture of the posting attached. Please let me know ifyou have any questions. Thanks, James DE0-26-2002 TRU 10:28 RN .¢...., F~X NO. ?. O! 130 $, Galena St Aspen CO 81611 (9'70) 920-5090 (970~ g20-5439, fax ! To.' David Tash IFmm: James Lindt ' Fax: 925-2552 ~ages,, Phone: Date; 12J26/02 . Re: ~ublie Notic~ for M.a~it~g. an, d Posting ICC: [] U~Jent m For Review ~ Please Commellt [] Please Reply [] Please Recycle · Com[tlellts: Hi David. P~eese find attached a copy of the public notice that you need ~o ma? out to ail property owners within 300 feet of the Marly Gibson for your public hearing to extend vested nghts on your199g approval You will a;so need to post a sign on the property no[icing the public of the hearing date, We have a template sign for yeti to fill out here in the Community Development Depaffment Beth the meilin9 and the posting of nofJce have to be comaleted fifteen days prior to the hearing date of January 27% When you east the sign, please take a picture of it and bring it to the hearing with ~ou. In addition e[ease fill out the affidavit of posting and mailing that I have also faxed you and bring it with you to the hearing. Please lek me know if you have ar~y aues[ions, will get you a copy of the staff memo about a week before the hearing. Thanks. James Lindl Planner City af Aspen PUBLIC NOTICE RE: MOLLY GIBSON LODGE MINOR PUD- EXTENSION OF VESTED RI(~IITS NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday~ Jammry 27.2003. at a mee[ing to begin at 5:00 p.m. before the Aspen City Council_ Council Chmx~bers. City Hall, 130 S. Galena St.. Aspen, to consider an application submitted by ~he Aspen Molly Gibson Lodge. LLC reouesting approval of a throe year ex~ension vested property rights that were awarded pursuant to City Com~eil Ordinance No. 56_ Series o[' 1999. Ordinance No. 56~ Series of 1999 awarded vested property rights for the Molly Gibson Lodge to construct an addition el'one employee dwelling unit on thc property. The property ~s commonly known as tl~e Molly Gibson Ledge and is described as Lots O, P, and Q, Block 59, of the City and Townsite of Aspen. For hrther information_ contact James Lindt at the Ciky of Aspen Commm~ity Developmen! Department, 130 S. Galena St., Aspen, CO (970) 920-5095~ jamesl(i~e~.aspcn.co.us. ..q.{Hclen_Kali~ Klanderud, Mace_Er Aspen City Council Published in the Aspen Times on January 11, 2003 City of Aspen Account DE0-28-2002 THU 10:28 ~M F~× NO, ,?'* P, 03 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304,060 (E), ASPEN LAND USE CODE SCUDDED P~LIC H~G DATE: /~ 7 20fl ~ / STATE OF COLORADO ) County of Pitkin ) being o~ representing an ~pplicant to~e ~ty of Aspen, Colo~do, hcreby p~sonMty ceni~ tMt I have complied wkh ~e public ~ofice requirm~ of Section 26.304.060 (B) of the Aspen L~d Use Code in ~e follow~g ma~: _ . Publication of notice: By ~e publication in the leg~ notice se~ion of an official pap~ or a paper of general circulation in the City of Aspm at le~t fl~een (15) days prior to ~e public hearing. A copy of the 2ublication is attached hereto. Pos~ng of notice: By posting of notice, which fo~ w~ obta~ed from ~c Comuuni~ Development Dep~ment, which was made of su[t~le, wateCroof mm~fls, w~ch w~ not less ~m ~enW-two (22) inches Mdc and ~enty-six (26) inches hgh, ~d wheh was tamponed oflc~ers not less t~ one inch in height. Said notice w~ posted at le~t fi~ecn (l 5) days prior to tke'public he~g md w~ c~nfinuously visible ~om the .[o day of ~, 200~, to ~d mclud~g ~e date ~d time of~e public he~g. A phlox-apb of theposted notice (~) is atta&ed hereto. ~ Mailing ofnoSce. By ~e mailing ora notice obtained from the Comu~w Development Depmmt, which contains the info~afio~ desc~bed Jn 8c~tion 26.304.060(E)(2) of~e Aspen ~nd Use Code. At least fiflcm (15) days prior to · e public heating, notice was hind delivered or mail~ by first cl~s postage pr~aid U.S. m~l to my f~er~ agent, state, munw, m~dpal govmen~ school, s~ice district or o$~ govemental or qum~i-gov~ental agmcy ~at ores prope~y wi~n t~ee hm~ed (300) feet *f~e pmpe~ subject to the developm~t appli~tion. ~e n~es ~d address~ ofprop~ o~s shall be these on the cu~eut t~ mco~s ofPi~n Com~ as they app~ no mom ~m sixW (60) days prior W the date of~e public h~ng. A copy of the owners and governmental agencie* ~o noticed ~ attached hereto. (continued on next pageJ bE0-28-2002 THU 10=28 ¢~M r'"~, F,6× NO, ?, 04 -- I{ezoning or text amendment. Whenever the official zonirtg district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenev e~ the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or Othervdse, the requiremem of an aeeurate survey mai: or other sufficient legal description of, and the notice to and listing of names and addresse,~ of owners of real property in the area of the proposed change shall be waived. However, the proposed zardng map has been available for public inspection in the plam~ing agency during ~11 business hours for fifteen (15) days prior to the public heaz4_ng on such amendments. Signature The foregoing "Affidavit of NofiOe~' was ackgr~w[ed, ged, bFfore~.~m,~e ,t~ay of 20o , y : ..--,- ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF TWE~ OWNERS AND GOVEItNM. ENTAL AGENCIES NOTICED B Y MAIL ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BYSECTION 26.304,060 (E), ASPEN LAND USE CODE STATE OF COLOR. ADO ) County of Pitldn ) I, '~ ~ lA4~--~ f.-~[ ~c/~(~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ~.. Publication of notice: By the publication legal in the notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior ro the public hearing. A copy of the publication is attached hereto. . ,~' Posting of notice: By posnng of notice, which form was obtained ~rom the ~XTM Coihrh~: ~ty Development Department, wtfich was made ofsmtable~ · r~'>'~. 'waterpro0 .f materials,, which was not less than twenty-two (22) ~nch~s w~de and t,denty-six (26) inches high, and which was composed of letters nor less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously v/sible from the day of ,200 , to and including the date and tzme of the public hearing. A photograph of the posted notice (sign) is attached hereto. .... ' ' f u bt d fr th C )" __ ~aiting oynotice. Dy the mailing o a no 'ce o aine om e omm~ry Development Department, which contains the information described in Becfio~% 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (I 5) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, stare, county, municipal government, school, service district or other govemmental or quasi-governmental agency that owns property with/n three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitldn County as they appeared no more than sixty (60) days prior to the date of the public hearing. ,4 copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page. I Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part ora general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearhug on such amendments. The~°ing "A ffi davit ° f,/~.~',' ~yaS~~d~b e£z~m~2aY of WITNESS MY HA_ND AND OFFICIAL SEAL My commission [xpires: V/~)_~ /.~("J3 ~.~ .... ~ Notary Public ~P~trqent, 130 S. Gal~a Sn~t.',~ Develo s Gnat at ATTAP~M~NTS' ~oo~ (.~s~ ~ ;~o~ . ,OPY OF THE PUBLICATIO L~T OF T~ O~ ~ GO~~ AG~C~S NOTI~D B Y MAIL Smooth Feed SheetsTM Use template for 5160® ASPENS MOLLY GIBSON ASPENS MOLLY GIBSON ASPENS MOLLY GIBSON LODGE LLC LODGE LLC LODGE LLC 10I WMAIN ST 10I WMAIN ST 101 WMAIN ST ASPEN. CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ASPENS MOLLY GIBSON ASPENS MOLLY GIBSON BERN~EIN ARNOLD A & LODGE LLC LODGE LLC :'ISOLLY A LIVING TRST i01 W MAIN ST 101 W MAiN ST C/O ARNOLD A & POLLY./'A ASPEN. CO 81611 ASPEN. CO 81611 BERNSTEIN 1870 JACKSON ST #304 ASPENS MOLLY GIBSON ASPENS MOLLY GIBSON ~&~LSL~C~_cjct~fS~09''r LODGE LLC LODGE LLC LODGE LLC 101 W MAIN ST 10I W MAIN ST 101 W MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ASPENS MOLLY GIBSON ASPENS MOLLY GIBSON ASPENS MOLLY GIBSON LODGE LLC LODGE LLC LODGE LLC 101 WMAIN ST 101 WMAIN ST 101 WMAIN ST ASPEN, CO 8161 l ASPEN. CO 81611 ASPEN, CO 816I 1 ~BUCHHOLZ EARL H & .,. ASPENS MOLLY GIBSON ASPENS MOLLY GIBSON MARtLYN E '~- LODGE LLC LODGE LLC C/O SWAIM BROWN & EL~' 101 W MAIN ST 101 W MA1N ST ~.-.PA ASPEN, CO 81611 ASPEN, CO 81611 PO BOX 6404 ~'SPARTANBURG: SC-Z9~3~J~4 ASPENS'MOLLY GIBSON ASPENS MOLLY GIBSON ASPENS MOLLY GIBSON LODGE LLC LODGE LLC LODGE LLC 101 W MAIN ST I01 W MAIN ST 101 W MAIN ST ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ASPENS MOLLY GIBSON ASPENS MOLLY GIBSON ASPENS MOLLY GIBSON LODGE LLC LODGE LLC LODGE LLC 101 WMAIN ST 101 WMAIN ST I01 WMAIN ST ASPEN, CO 816I 1 ASPEN. CO 81611 ASPEN, CO 81611 ASPENS MOLLY GIBSON ASPENS MOLLY GIBSON LODGE LLC LODGE LLC 101 WMAIN ST 101 W MAIN ST ASPEN. CO 81611 .ASPEN. CO 81611 ASPENS MOLLY GIBSON ASPENS MOLLY GIBSON ASPENS MOLLY GIBSON LODGE LLC LODGE LLC ]LODGE LLC 101 W MAIN ST 101 W MAIN ST [01 W MAIN ST ASPEN, CO 81611 ASPEN. CO 81611 ASPEN. CO 81611 ASPENS MOLLY GIBSON ASPENS MOLLY GIBSON LODGE LLC LODGE LLC 10I WMAIN ST 101 WMAIN ST ASPEN, CO 81611 ASPEN. CO 81611 ~AVERY® Address Labels Smooth Feed Shee~tSTM ""~g Use template for 5160® C/O VETRA BNK-COMM LENDE~JC~N~ LENDERC/O VE~NRA~K-COMM ~PEN, CO 8IO(I ...... ~g~N. CO 81611 P~AK FAMED ~LAGLER PLAZA ' COLO~O LTD PAR~ERSHIP ~ST PALM BEACH FL 33401 ~ 17~6~SO~S C~EK  T~OTE~AT~S A~EN HOTEL ASS~TES 534 E"HY~ , . ............ 534 ~YM~K ~,O~N. CO 8%1~ = .... ~EN, CO 81~1 ASPEN CL~IC BUILD~G - P~CE DOUO~ HOTEL ASPEN LTD A COLO~DO GENE~L / 861 ~OOD ~ C/O V~ANK-COMM PAR~ERSHIP ' B~HESDA,~ 20817 100 E MAIN ST x. 5o4fl~YM~ AVE "4SP~, CO 81611.. '~ ~ ~PEN, CO 8~1 HOTEL ASPENLTD HO~EL ASPEN ~TD ~ HOTEL A~TES C/O ~CT~.~NK-COMM C/O VECT~/BANK-COMM 5~ND~/ ~Td~ ~:COMM 5 ~ 4 ~' ~Y~N AVE LENDE~ 524 ~YMAN AVE &~EN, CO ~1 534~~ ~S(EN~O~I611 ~EN, CO 8N11 P~ DOUOLX~" HOTEL ASPEN LTD HOTEL ASPEN ~TD 861I ~OOD ~ C/O k~C~/B~K-COMM C/O VE~BANK-COMM B[TaES~A. MD 20817 LEND~M~n~ LEND~ 'N ~' ~ 534 E AVE 534 E H~A~ AVE ~. ~PEN, CO 81~11 A~EN, CO 81611 ~TEL ASPEN LTD HOTEL ASPEN LTD HOTEL ASP~TD L~ND~KZCT~a~K-COMM ~ZR/./~ VECT~,~A~K-OOMM LEND~RC/O VE~-~. BANK-eOMM 534 E HYmN AVE 334 ~ AVE 53~E HYMA~ AVE ~N C0k6~1 ......~N, C~6I~ ~,~ ~.~ ASPEN, C'O 8~i~ ..... / NEW~M CLAI~ M HOTEL ASPE~ LTD / CHISHOLM EDITH I~T PO BOX 2808 ~ C/O~ECT~BANK-COMM 205 W MA~ ST ~SP~N. co 818~2 L~J~z~t " 4~5 co ~A ...... ........... ~34'E'HY VE =-~'~":5 .................. -~- ASPEN. CO 81 ~11 .... ~2~IT~US ~LL1 ~< / ASPENS MOLLY GIBSON 200 S SIE~ MAD~ BLVD LODGE LLC PASADENA. CA 9I 101-4100 1~0I W MAIN ST ~ ~ .......... ASPEN, CO 81611 ASPENS MOLLY GIBSON ASPENS MOLLY GIBSON ASPENS MOLLY GIBSON LODGE LLC LODGE LLC LODGE LLC I0I W MAIN ST 101 W MAIN ST 101 W MAIN ST ASK, CO 81611 ASPEN, CO 81611 ASPEN. CO 81611 ~'~X'~ AVERY® Address Labels Laser 5160® Smooth Feed SheetsTM ._.~ ..... Use template for 5160® ASPEN HOTEL ASSOCIATE.$ ASPEN HOTE£ ASSO~CiATES DUNRANT AND/ORIGINAL :'/ LLC / ASSOC4A~ES INC C/O VETRA BNK-COM¢ PO B/O-X'7-8.~6 LENDER ~ )~N, CO~2 '~ 534 E HYMA~ 534 AVE A'~EN HOTEL ASSOCIATES DU~NT AND ~L L,~ ~ ASSOqlAT~S INC C/ B OMM PO z846 PO BOXxT846 LENDE~' 1612 ~PE~. C ~-1~ 534 E.~YM~ -~m~RZ~K PA~ILY LTD DU~NT AN~,~blNAL /~' H~TEL A~TD (;/ COLO~DO ~ ~&R~ERSH~ P~46 kI ~ ~KINS 1796 E SOPRIa LR~EK RD _/' ~, ~EN. C~ 612 ..ASPEN' CO~16I 1 BASALT. CO 8162 ...... ~ ~' ~ . , ~T X~0mO~Ar AS~N HO~L ASSOe;AT~S a.U~a O~XNAU PO BOX 7846 ~ C/O VEC ANK-COMM PO B~Xx~846 ~ ................. ~' s3%~VM~N~V~ ~PEN HOTEL A~SOCIATES ?D~NT AN~O~GINAL P~C~OUGLAS~' LEN~ERN. A~N. C~612 5~'[E HYMXN ~.c~-8-~-6~ y~ HOTEL ASPEN LTD A~EN HOTEL ASSp~ATES PR~E. pOUGLAS S C/O VECT~ BANK-CO~ ~ .LL~ // 861i MELW~D BETH~b~MD 20817 LENDER / C/O V~B~K-COMM ,. ~S~N. CO 816~ ~"~ s3~ .............. ~KPEN. CO 816N~-~-~ ' PRICE DOUGLAS L ,/., P~AK BO~'~E LLC PR~GE DO~GLA~ ,8611 MELWOOD ~ ~EK ~ 8.~OOD RD BETHESDA. MD 208 I.Z~,/ ~ gETHESDA, MD 20817 DUR~K~ ~N~m~'~N2L ~N HOTEL 2SSOg~nS O~N~ ~ND O~iO~N~r A~Q¢ A~gS INC LEND~i ~ ,ASPEN. C~t6j~ A~N, CO 816 l~x 5 ?~4~YMA~ A~EN. CO 816~ ~A~RY* Address Labels Laser Smooth Feed SheetsrM ~. use template for 5160® PRr~DOUGLAS. J~AND DURANT ANDO~IGINAL ' yALER~ ./-/ AS~~C 8611 MEL~D RD PO BO~7846 '~ ~ BETHE~DA, M~20817 AS~N, CO 81612 ~ ~',, ~AVERY® Address LabeLs Laser 5160® Smooth Feed SheetsTM Use template for 5260® ~ :~ ~SPE~S ~OLLY GIBSON ASPENS MOLLY GIBSON , LODGE LLC LODGE LLC I01 WMAIN ST I01 WMAIN ST ASPEN, CO 81611 ASPEN, CO 81611 ASPENS MOLLY GIBSON / ASPENg MOLLY GIBSON LODGE LLC ,, LODGE LLC 101 WMAIN ST [ 10I WMAIN ST ASPEN, CO 81611 ASPEN, CO 816l 1 ASPENS MOLLY GIBSON ~ LODGE LLC 10I WMAIN ST { ~ ASPEN, CO 81611 ~AVERY® Address Labels Laser 5160® DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City 0fAspen Municipal Code. This Order shall expire on the day after the third anniversary of the effective date of the Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption from expiration, extension or reinstatement is granted or a revocation is issued by the City Council pursuant to Section 26.308.010. This Development Order is associated with the property noted below for the site specific development plan as described below. Molly Gibson LLC., 101 W. Main St., Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number Lots O, P, Q of Block 59, Aspen, CO 8t611 _ Legal Description and Street Address of Subject Property Minor PUD, Special Review Written Description of the Site Specific Plan and/or Attachment Describing Plan Ordinance 56-99, 1/10/00 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) January 21, 2000 Effective Date of Development Order (Same as date of publication of notice of approval.) January 22, 2003 Expiration Date of Development Order (The extension, reinstatement, exemption fi.om expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 21st day of January, 2000, by the City of Aspen Community ~~c4~Dev opment Direc or. Ju~///Ann Woods, Community Development Director G.Planning. Aspen.forms. DevOrder MOLLY GIBSON 5~SNO~T.M,kLSTR~ST ^s~ co 101 WEST MAIN STREET TEL: 9~0.920.9428 FAX: 970,920,7822 'a r c h ~ t e c I s MOLLY GIBSON 5$$NORTHMILLSTREET ASPEN, CO 101 WEST MAIN STREET 970,920.9428 FAX: 970,920,7822 TEL: [S~[IE/REV{SION DATF