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HomeMy WebLinkAbout2021-09 Repealing and Restating Resolution No. 44, Series of 20201 2/25/2021 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\RESOLUTIONS\2021\RESOLUTION NO. 9 SERIES OF 2021 NEW EXTENSION 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; 2 2/25/2021 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\RESOLUTIONS\2021\RESOLUTION NO. 9 SERIES OF 2021 NEW EXTENSION FOR BOOTH HEIGHTS PARCEL 03022021.DOCX 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 3 2/25/2021 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\RESOLUTIONS\2021\RESOLUTION NO. 9 SERIES OF 2021 NEW EXTENSION FOR BOOTH HEIGHTS PARCEL 03022021.DOCX 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