HomeMy WebLinkAboutresolution.council.080-12 RESOLUTION NO. 80
(Series of 2012)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A THREE YEAR
EXTENSION OF THE VESTED RIGHTS GRANTED BY ORDINANCE NO. 26,
SERIES OF 2006 FOR THE BOOMERANG LODGE SUBDIVISION/PUD BEING A
PARCEL OF LAND COMMONLY KNOWN AS 500 W. HOPKINS AVE. AND
LEGALLY DESCRIBED AS LOTS K THROUGH S, BLOCK 31, CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2735-124-49-002
WHEREAS, the Community Development Department received an application
from Aspen FSP-ABR, LLC, represented by Mike Hoffman, of Garfield and Hecht, PC,
requesting approval of a five (5) year extension of the vested rights for the Boomerang
Lodge Subdivision/PUD pursuant to Ordinance No. 26, Series of 2006; and,
WHEREAS, City Council adopted Ordinance No. 26, Series of 2006, which
approved a subdivision/PUD and awarded Vested Property Rights status for the
development of forty-seven lodge units, five free-market residential units and two
affordable housing units until October 20,2009; and,
WHEREAS, the applicant submitted a subsequent application and was approved
for an extension of vested property rights via Resolution No. 58 (Series of 2009)
extending the vested rights until October 20, 2012; 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 a three (3) year extension of vested rights for the lodge
development; and,
WHEREAS, the Aspen City Council has reviewed and considered the requested
extension of vested rights for the Boomerang Lodge 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 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.
RECEPTION#: 591519, 08/21/2012 at Resolution No. 80(2012)
11:04:55 AM, Page 1 of 3
1 OF 3, R $21.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
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. 26, Series of 2006, through October 20, 2015, for Lots K
through S, Block 31, City and Townsite of Aspen for the Boomerang Lodge
Subdivision/PUD as well as an extension of building permit number 0043.2007.ACBK for
the same time period conditioned on the following:
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, 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. Historic Preservation staff, with notice to the owner, are permitted to conduct site
visits on the site to ensure that the designated historic resource is not becoming
damaged or neglected. The applicant is responsible for maintaining the condition
of the historic resource.
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 13th day of August, 2012
at 5:00 PM in the City Council Chambers,Aspen City Hall, Aspen, Colorado.
Resolution No. 80(2012)
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FINALLY, adopted, passed, and approved by a four to zero (4-0) vote on this 13th day of
August, 2012.
Approved as to form: Approved as to content:
400011, , 4 4,
James R. True, City Attorney Michael C. Ireland,Mayor
Attest:
i /,
Kathryn S. //h, City Clerk
Resolution No. 80(2012)
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