HomeMy WebLinkAboutresolution.council.030-04RESOLUTION NO. 30
(Series of 2004)
A RESOLUTION OF THE ASPEN CITY COUNCIL, REMANDING THE
ASPEN/PITKIN COUNTY GROWTH MANAGEMENT COMMISSION,S'SCORiNG OF
THE CHART HOUSE LODGE GROWTH MANaGEMENT'TOURIST
ACCOMMODATIONS SCORING APPLICATION TOCON~TRUCT AFOURTEEN
(14) UNIT TIMESHARE LODGE AT 219 EAST DURANT AVENUE, LOTS 6-9, BLOCK
3, OF THE EAMES ADDITION TOTHE CITY"~D ~WNSiTE-OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel ID: 2 735-131-06-002
WHEREAS, pursuant to Land Use Code Section 26.470.080(D)(2), the Applicant, LCH,
LLC, represented by Stan Clauson and Associates, LLC, has submitted a request to appeal the
Aspen/Pitkin County Growth Management Commission's scoring of the Chart House Lodge
proposal to construct a fourteen (14) unit timeshare lodge at 219 E. Durant Avenue, Lots 6-9,
Block 3, of the Eames Addition to the City and Townsite of Aspen; and,
WHEREAS, the Aspen/Pitkin County Growth Management Commission considered the
recommendation of the Community Development Director, the Aspen/Pitkin County Housing
Board, and testimony offered by the general public, considered the project for initial and final-
scoring, and found the proposal not to meet the required passing average score (scoring sheets
attached) of three (3) points in the fourth set of scoring criteria entitled, "Maintaining design
quality, historic compatibility, and community character", to allocate tourist accommodation
allotments; and,
WHEREAS, at a public meeting that was noticed by mailing to the appellant and by
publication in a newspaper of general circulation, pursuant to the procedures set forth in Land
Use Code Section 26.470.080(D)(2), Appeal of adverse decision by the Growth Management
Commission, and Section 26.314, Appeals, City Council considered the appeal request made by
the Applicant, and by a vote of four to one (4-1), determined that the Planning and Zoning
Commission should review the Aspen/Pitkin County Growth Management Commission's
scoring of the Chart House Lodge GMQS Tourist Accommodations Scoring application, thereby
remanding the Chart House Lodge scoring request to the City of Aspen Planning and Zoning
Commission; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, THAT:
Resolution No. 30, Series of 2004
Page 2
Section 1:
In accordance with Land Use Code Section 26.470.080(D)(2), Appeal of adverse decision by the
Growth Management Commission, and Section 26.314, Appeals, City Council hereby determines
the AsperffPitkin County Growth Management Commission's March 9, 2004 scoring of the Chart
House Lodge GMQS scoring and allotmcm application should be reviewed and hereby remands
the development application to the Plarming and Zoning Commission £or re-scoring. Said
scoring shall take place following the completion of Conceptual PUD reviews by the Planning
and Zoning Commission and City Council.
Section 2:
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 construed and concluded under such prior ordinances.
Section 3:
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 on April 12, 2004, at a public hearing before
City Council.
APPROVED AS TO FORM:
ATTEST: