HomeMy WebLinkAboutresolution.council.106-04RESOLUTION NO.
(Series of 2004)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A THREE (3)
YEAR EXTENSION OF THE VESTED'mGHTS
41. SERIES OF 2001 FOR THE BOOMERANG LODGE MINOR PLANNED UNiT
DEVELOPMENT APPROVAL, 500 W. HOPKINS AVENUE,' A PARCEL OF LAND
DESCRIBED AS LOTS A-I, BLOCK 32, CITY AND TOWNSITE OF ASPEN,
PITKIN COUNTY, COLORADO.
Parcel No. 2735-124-49-002
WHEREAS, the Community Development Department received an application
from Charlie Patterson requesting approval of a five (3) year extension of the vested
rights granted for the Boomerang Lodge Minor PUD pursuant to Ordinance No. 41,
Series of 2001; and,
WHEREAS, City Council adopted Ordinance No. 41, Series of 2001, which
approved a Minor PUD and awarded Vested Property Rights status for the Boomerang
Lodge Developmem until October 10, 2004; 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 five (3)'year extension of vested rights for the
Boomerang Lodge Minor PUD; and,
WHEREAS, the Aspen City Council has reviewed and considered the requested
extension of vested rights for the Boomerang Minor 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-~ipproval of the extension of
vested rights proposal, 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 of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, THAT:
Section 1:
The Aspen City Council does hereby approve a five (3) year extension of vested rights as
approved by Ordinance No. 41, Series of 2001 for Lots A-I, Block 32, Ci~ and Townsite
of Aspen for the Boomerang Lodge Minor PUD with the following condition:
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. The
developer shall abide by any and all such building, fire, plumbing, electrical and
mechanical codes, unless an exemption therefrom is granted in writing.
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 nor effect any existing litigation and shall nor 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 25th day of October, 2004,
at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
FINALLY, adopted, passed, and approved by a
day of October, 2004.
to
__ (__-__) vote on this 25th
Approved as to form:
n P. Worcester, City Attorney
Approved as to content:
Attest:
~athryn ~.~City ~le~'l~ ~