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Home My WebLink Aboutresolution.council.004-02 / ~~~~~~~~o-t RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A RECORDATION EXTENSION REQUEST FOR THE PLANNED UNIT DEVELOPMENT PLAT, DRAWINGS, AND AGREEMENTS FOR THE BARV ARrAN INN AFFORDABLE HOUSING DEVELOPMENT PUD LOCATED ON LOTS D-I AND LOTS K-P, BLOCK 12, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-123-08-004 WHEREAS, the Community Development Department received an application from the Bavarian Inn Affordable Housing LLC, owners of the Bavarian Inn, represented by Vann Associates, LLC, requesting a 45-day extension to record the Final Planned Unit Development Plat, Drawings and Agreements approved by City Council on July 23, 2001, by Ordinance No. 21, Series 2001, for nineteen (19) affordable housing units, on property consisting of Lots D-I and K-P, Block 12, City and Townsite of Aspen; and, WHEREAS, pursuant to Section 26.88,050(E) of the 1995 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 recordation deadline; and, WHEREAS, the Community Development Director has reviewed the application and recommended approval of a 45-day extension to record the Bavarian Inn Affordable Housing Planned Unit Development Final Plat, Drawings and Agreements finding that the Applicant provided a written request indicating good cause; and, WHEREAS, the Aspen City Council has reviewed and considered the recordation extension request for the Bavarian Inn Affordable Housing 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 the Final PUD documents pursuant to Ordinance No. 21, Series of 200 I for the Bavarian ,Inn Affordable Housing 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 14, 2002, the City Council, approved a 45-day extension to record the Final Plat, Drawings, and Agreements for the Bavarian Inn Affordable Housing Planned Unit Development pursuant to Ordinance No. 21, Series of2001, with conditions, by a vote of to_ D:\home\joyceoIBavarianExtension reso l.doc 11 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 45-day extension to February 28, 2002, to record the Final Plat, Drawings, and Agreements pursuant to Ordinance No. 21, Series 2001 for the Bavarian Inn Affordable Housing PUD on property consisting of Lots D-I and Lots K-P, Block 12, City and Townsite of Aspen, Colorado with the following conditions: I. All prior approvals shall remain in full force and effect. 2. Failure to record the required documents by February 28, 2002 shall render Ordinance No. 21, Series of2001 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 14th day of January, 2002. D:\home\joyceo\BavarianExtension reso 1.doc22 Approved as to form: ,.,,/~~t?~ ~rcester, City Attorney ~:Co' Attest: ...., ~ ":-:. D:\homeljoyceolBavarianExtension reso l.doc33 Approved as to content: - \..0..-- VANN ASSOCIATES, LLC Planning Consultants January 9, 2002 HAND DELIVERED Ms. Joyce Ohlson, Deputy Director Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Bavarian Inn SubdivisionlPUD Pinal Plat Documents Recordation Deadline Dear Joyce: Please consider this letter a formal request to extend the recordation deadline for the Bavarian Inn affordable housing project's final plat documents. The request is submitted pursuant to Section 26.88.050.E. of the City's Land Use Regulations (i.e., the June 1996 reprint of Title 26, Land Use Regulations, of the 1995 Aspen Munici- pal Code) by Four Peaks Development, LLC on behalf of the property owner, Bavarian Affordable Housing, LLC. Section 26.88.050.E. permits the City Council to extend or waive the deadline upon a showing of good cause. The final plat and subdivisionlPUD agreement for the Bavarian Inn SubdivisionlPUD must be recorded within 180 days of the receipt of final City Council approval. Pinal PUD approval (and all associated review approvals except condominiurnization) was granted by the City Council on July 23,2001 pursuant to Ordinance No. 21. Consequently, the project's final plat and all associated documents must be recorded no later than January 23,2002. Failure to record the plat and agreement within this time period renders the approval invalid, and requires reconsideration and approval of the final PUD application by both the P&Z and City Council. While Pour Peaks intends to submit the various final plat documents to the City prior to the January 23 deadline, we are concerned that insufficient time will remain for the City staff to review the documents, and for Pour Peaks to make changes thereto in the event required. Four Peaks has been working diligently to finalize the documents since the receipt of final PUD approval. The project, however, is quite complex, and extensive input has been required from our various consultants. While their work is expected to be completed in the next few days, an extension of the deadline would insure that sufficient time is available to complete the recordation process in a reasonable manner. 230 East Hopkins Ave, . Aspen, Colorado 81611 . 970/925-6958 . Fax 970/920-9310 E~h,'I?,'t A Ms. Joyce Ohlson January 9, 2002 Page 2 As we discussed, I would appreciate it if you would place this request on the January 14, 2002 City Council agenda. While we are amenable to any reasonable extension period, forty-five days would appear to allow sufficient time for the City to complete its review of the documents and for Four Peaks to make any required changes. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, V ANN ASSOCIATES, LLC SV: wv cc: Scott Writer c:\oldc\bus\city .ltr\ltr42401.jo2 MEMORANDUM "It b TO: Mayor Klanderud and City Council THRU: Steve Barwick, City Manager Julie Ann Woods, Community Development Director 'Joyce Allgaier Ohlson, Deputy Director.jt\) FROM: RE: 45-Day Extension Request for the Recordation of Planned Unit Development documents for the Bavarian Inn Affordable Housing PUD to February 28, 2002 January 14, 2002 DATE: SUMMARY: The applicant, Bavarian Inn Affordable Housing LLC, represented by Vann Associates, LLC, is requesting a 45-day extension to record the Bavarian Inn Planned Unit Development Final Plat, Drawings and Agreements and other associated documents. Pursuant to Ordinance No, 21, Series of 2001 that approved the Bavarian Inn Affordable Housing PUD, the applicants had 180 (or until January 19,2001) by which to record. The reason for the extension request is that the Applicant's technical personnel have. not yet finalized the materials. Yet, while the Applicant would likely turn in the materials prior to the January 19th deadline, this would not allow the applicable City departments to review the submittals prior to recordation. Pursuant to Section 26,88,050(E) of the 1995 Aspen Land Use Regulations (under which the Bavarian was submitted, reviewed and approved) the City Council may, at its sole discretion and for good cause shown, grant an extension or waiver of the deadline, REcOMMENDATION: The Community Development Department recommends approval of a 45- day extension to record the plat, drawings and agreements pursuant to. Ordinance No. 21, Series 2001 for the Bavarian Inn Affordable Housing Planned Unit Development, to February 28, 2002. PROPOSED MOTION: If. "I move to approve Resolution NO'd-' Series of 2002, extending the Bavarian Inn Affordable Housing Planned Unit Development recordation deadline from January 19,2002 to February 28,2002." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A: Letter of Request for Extension