HomeMy WebLinkAbout2021-09 Repealing and Restating Resolution No. 44, Series of 20201
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FOR BOOTH HEIGHTS PARCEL 03022021.DOCX
RESOLUTION NO. 9
SERIES 2021
A RESOLUTION OF THE VAIL TOWN COUNCIL REPEALING
RESOLUTION NO. 39, SERIES 2020, AND RESOLUTION NO. 44,
SERIES 2020, TO REVOKE THE EXTENSIONS OF THE APPROVED
DEVELOPMENT PLAN, CONDITIONAL USE PERMIT AND FINAL
DESIGN FOR THE BOOTH HEIGHTS PROJECT, AND PROVIDING A
NEW EXTENSION OF SUCH APPROVALS THROUGH NOVEMBER 20,
2023
WHEREAS, on August 26, 2019, in PEC19-0018 and pursuant to § 12-6I-11 of
the Vail Town Code, the Planning and Environmental Commission (the "PEC") approved
the development plan for a deed-restricted housing project (the "Booth Heights Project")
located at 3700 North Frontage Road East/Lot 1 East Vail Workforce Housing
Subdivision, Vail, Colorado (the "Property");
WHEREAS, also on August 26, 2019, in PEC19-0019, the PEC approved the
associated conditional use permit for the Booth Heights Project;
WHEREAS, on October 15, 2019, the Town Council upheld the approval of the
development plan and conditional use permit for the Booth Heights Project;
WHEREAS, on March 4, 2020, the Design Review Board (the "DRB"), in DRB19-
1052, approved the final design for the Booth Heights Project;
WHEREAS, pursuant to the Vail Town Code, development plan approvals lapse
after 3 years if construction of the development is not commenced;
WHEREAS, pursuant to § 12-16-8 of the Vail Town Code, conditional use permits
lapse after 2 years if construction of the development has not commenced;
WHEREAS, pursuant to § 12-11-12 of the Vail Town Code, final design approvals
lapse after 1 year if construction of the development has not commenced;
WHEREAS, on September 15, 2020, the Town Council adopted Resolution No.
39, Series 2020, which Resolution extended the term of the approvals of the development
plan, conditional use permit and final design for the Booth Heights Project through June
1, 2023;
WHEREAS, on October 6, 2020, the Town Council adopted Resolution No. 44,
Series 2020, which Resolution extended the term of the approvals of the development
plan, conditional use permit and final design for the Booth Heights Project through
December 1, 2024;
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WHEREAS, the purpose of the extensions granted by Resolution No. 39 and
Resolution No. 44 were to allow the Town, the owner of the Property and the developer
to consider alternate locations for deed-restricted housing;
WHEREAS, on January 17, 2021, the owner of the Property notified the Town that
it would no longer consider alternate locations for deed-restricted housing, and would be
moving forward with the Booth Heights Project on the Property;
WHEREAS, based on the January 17, 2021 correspondence from the owner of
the Property, the purpose of the extensions granted by Resolution No. 39 and Resolution
No. 44 no longer exists;
WHEREAS, to allow the extensions to remain in place would grant a special
privilege to the owner of the Property, a privilege not enjoyed by other property owners
in similar situations; and
WHEREAS, the Town Council finds it in the best interest of the public health,
safety and welfare to repeal Resolution No. 39 and Resolution No. 44, Series 2020, thus
revoking the extensions for the Booth Heights Project.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL:
Section 1. Resolution No. 39, Series 2020, is hereby repealed in its entirety.
Section 2. Resolution No. 44, Series 2020, is hereby repealed in its entirety.
Section 3. Based on the repeal of the above-referenced resolutions, the
approval of the development plan for the Booth Heights Project, as contained in PEC19-
0018, would now expire on October 15, 2022, 3 years after the Town Council's original
approval.
Section 4. Based on the repeal of the above-referenced resolutions, the
approval of the conditional use permit for the Booth Heights Project, as contained in
PEC19-0019, would now expire on October 15, 2021, 2 years after the Town Council's
original approval.
Section 5. Based on the repeal of the above-referenced resolutions, the final
design approval, as contained in DRB19-0652, would now expire on March 4, 2021, 1
year after the DRB's original approval.
Section 6. Because the Town, the developer and the owner of the Property
spent 13.5 months in discussions, thus satisfying the purpose of the original extensions,
the Town Council finds and determines that the expiration periods should be equitably
tolled. As such, the Town Council hereby extends the expiration date for the approvals
of the development plan (PEC19-0018), conditional use permit (PEC19-0019) and final
design (DRB19-0652) for the Booth Heights Project from October 15, 2022 to November
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20, 2023 (13.5 months later). If construction of the Booth Heights Project is not
commenced by November 20, 2023, all three approvals shall lapse.
INTRODUCED, READ, APPROVED AND ADOPTED THIS 2nd day of March,
2021.
______________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk