HomeMy WebLinkAboutresolution.council.058-09RESOLUTION N0.58
(SERIES 2009)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN TO APPROVE AN
EXTENSION OF VESTED RIGHTS GRANTED BY ORDINANCE N0.26 OF 2006 BY THE
CITY OF ASPEN COUNCIL FOR THE PROPERTY COMMONLY DESCRIBED AS 500
WEST HOPHINS AVENUE, LEGALLY DESCRIBED AS BOOMERANG LODGE
SUBDIVISION /PLANNED UNIT DEVELOPMENT, CITY OF ASPEN, PITHIN COUNTY,
COLORADO
Parcel Identification Number 2735-124-49-002
WHEREAS, the Community Development Department received an application from Sunny
Vann of Vann Associates, LLC, on behalf of Aspen FSP- ABR, LLC requesting a Vested Rights
Extension for three years pursuant to Ordinance No. 26, Series of 2006 for the Boomerang Lodge;
and
WHEREAS, The City Council adopted Ordinance No. 26, Series of 2006, which
approved a Subdivision Review, a Planned Unit Development and Vested Property Rights for the
Boomerang Lodge Redevelopment for the demolition of a portion of the existing building,
designating the other portion a Historic Structure, the construction of an additional eighteen
lodge units, six free market units, two affordable housing units and a combination of surface and
sub grade parking until October 20th, 2009; and,
WHEREAS, the applicant submitted the application for extension of vested property
rights on June 24`h, 2009 before the vested rights expired in on October 20`h, 2009. The property
rights were approved via Ordinance No.26, Series of 2006; and,
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land Use Code,
City Council may gant an extension of vested rights after a public hearing is held and a resolution
is adopted; and,
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WHEREAS, the Community Development Director has reviewed the application and
recommended approval of an extension of vested rights for the 500 West Hopkins Avenue
Development under the City Council; and
WHEREAS, the Aspen City Council has reviewed and considered the request of vested
rights extension for the 500 West Hopkins Avenue Boomerang Lodge Development approval
under the 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 the 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,
WHEREAS, the City Council finds that this resolution furthers and is necessary for the
promotion ofpublic health, safety, and welfaze.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN COUNCIL AS
FOLLOWS:
Section I:
Pursuant to the procedures and standazds set forth in Section 26 of the City of Aspen Municipal
Code, the City Council hereby approves the request for an extension of vested rights for the
Boomerang Lodge until October 20a', 2012 that were approved by Ordinance No. 26, Series of
2006 by the City Council with the following conditions:
1. That the establishment herein of a vested property right shall not preclude the
application or regulations which are genera] in nature and are applicable to all property
subject to the 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
that are in effect at the time of building permit, unless an exemption granted in writing.
2. That the Historic Preservation staff view the current condition of the designated
historic resource on the site and be permitted to conduct follow up visits to ensure that the
resource is not becoming damaged or neglected. The applicant is responsible to maintain
the condition of the historic resource.
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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 resolutions repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior resolutions.
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 public hearing on this resolution was held the 10th day of August, 2009, in the City Council
Chambers, 130 S. Galena, 15 days prior to which public notice was published in a newspaper of
general circulation within the City of Aspen.
FINALLY adopted, passed and approved this 10th day of August, 2009 by a 5 - 0 vote.
A t:
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Kathryn S. och, City Clerk
Approved as to form:
John~P. Worcester, City Attorney
Michael C. Ireland,
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