HomeMy WebLinkAboutresolution.council.016-02 Resolution No. 16
(SERIES OF 2002)
RESOLUTION OF THE ASPEN CITY COUNCIL
APPROVING A RECORDATION EXTENSION REQUEST FOR THE
PLANNED UNIT DEVELOPMENT PLAT, DRAWINGS, AND AGREEMENTS
FOR THE BARVARIAN 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 an 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 umts, 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/ts sole discretion
and for good cause shown, grant an extension of the recordation deadline and such good
cause is found to be a proposed amendment to the PUD in order to have time to gain
approval for demolition and rebuilding of the Bavarian Inn (instead of renovation); and,
WHEREAS, the Community Development Director has reviewed the application
and recommended approval of an 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 2001 for the Bavarian Inn Affordable
Housing Plam~ed 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
February 25, 2002, the City Council, approved an extension to record the Final Plat,
Drawings, and Agreements for the Bavarian Inn Affordable Housing Planned Unit
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Development pursuant to Ordinance No. 21, Series of 2001, with conditions, by a vote of
five to zero (5 to 0).
WltEREAS, 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 cOUNCIEOF ~SPEN,
COLORADO, THAT:
Section 1:
The Aspen City Council does hereby approve an extension to 180 days after the approval
or denial of the Bavarian Inn PUD Amendment 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:
1. All prior approvals, including the provisions of the Aspen Mountain
PUD/Subdivision Agreement, Sections L and M, shall remain in full force and
effect.
2. Failure to record the required documents within 180 days of the approval Or
denial of the Bavarian Inn PUD Amendment shall render Ordinance No. 21,
Series of 2001 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 mnended 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.
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FINALLY, adOpted, passed, and approved this 25th day of February, 2002.
Approved as to form: Approved as to.content:
J6-h~fi~'(¢o r c e~t e~, 'City Attorney x
Attest:
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