HomeMy WebLinkAboutresolution.council.011-01 Resolution No. l[
(SERIES OF 2001)
RESOLUTION OF THE ASPEN CITY COUNCIL
APPROVING RECORDATION EXTENSION REQUEST FOR THE PLANNED
UNIT DEVELOPMENT PLAT, DRAWINGS, AND AGREEMENT FOR THE
BOOMERANG LODGE EXPANSION LOCATED ON PORTIONS OF LOTS A-I,
BLOCK 32, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel No. 2735-124-49-002
WHEREAS, the Community Development Department received an application
from Charles and Fonda Paterson, owners of the Boomerang Lodge, represented by
Mitch Haas of Haas Land Planning, LLC, requesting a 180-day extension to record the
Planned Unit Development Agreement, Plat, and Drawings approved by City Council on
July 24, 2001, by Ordinance No. 20, Series 2000, to add seven (7) lodge units and two (2)
affordable housing units, on a property consisting of portions of Lots A-I, Block 32, City
and Townsite of Aspen; and,
WHEREAS, the subject property is approximately 19,287 square feet, and is
located in the R-15 Zone District with Lodge Preservation and Planned Unit
Development Overlay Zone Districts; and,
WHEREAS, 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 180-day extension to record the Boomerang Lodge
Planned Unit Development Agreement and Final Plat finding that the Applicant provided
a written request for extension 42 days prior to the deadline; and,
WHEREAS, the Aspen City Council has reviewed and considered the extension to
record Ordinance No. 20, Series 2000 for the Boomerang Lodge Planned Unit
Development under the applicable provisions of the Municipal Code as identified herein,
and has reviewed and considered the recommendation of the Community Development
Director; and,
WHEREAS, the City Council finds that the extension to record Ordinance No. 20,
Series of 2000 for the Boomerang Lodge 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, during a duly noticed public meeting at a regular meeting on
January 22, 2001, the City Council, approved a 180-day extension to record Ordinance
No. 20, Series of 2000 and associated plats, drawings, and agreements for the Boomerang
Lodge Planned Unit Development, with conditions, by a vote of to
WHEREAS, the City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, THAT:
Section 1:
The Aspen City Council does hereby approve a 180-day extension to July 23, 2001, to
record Ordinance No. 20, Series 2000 and associated plats, drawings, and agreement on a
property consisting of portions of Lots A-I, Block 32, City and Townsite of Aspen,
Colorado with the following conditions:
1. All prior approval shall remain in full force and effect.
2. Failure to record the required documents by July 23, 2001 shall render Ordinance
No. 20, Series of 2000 null and void.
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.
FINALLY, adopted, passed, and approved this 22nd day of January, 2001.
Approved as to form: Approved as to content:
Johh'-~Worce~ter,'(~ity Attorney -
Rachel E. Richards, Mayor
~ ~Attest: ~: %