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HomeMy WebLinkAbout2023-03 A Resolution of the Vail Town Council Extending the Approvals of the Approved Development Plan, Conditional Use Permit and Final Design for the Booth Heights ProjectRESOLUTION NO.3 SERIES 2023 A RESOLUTION OF THE VAIL TOWN COUNCIL EXTENDING THE APPROVALS OF THE APPROVED DEVELOPMENT PLAN, CONDITIONAL USE PERMIT AND FINAL DESIGN FOR THE BOOTH HEIGHTS PROJECT WHEREAS, on August 26, 2019, in PEC19-0018 and pursuant to § 12--61-11 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- 0652, approved the final design for the Booth Heights Project; WHEREAS, on May 18, 2022, the DRB in DRB19-0652.001, approved a revised final design for the Booth Heights Project; WHEREAS, on August 2, 2022, the Town Council upheld the DRB's approval of the revised 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; 1/13/2023 IIFILESERVER20191RED1RECTED$ISBIBBENSIDESKTOPI300TH HEIGHTS EXT-R01 1223. DOCX WHEREAS, on March 2, 2021, the Town Council adopted Resolution No. 9, Series 2021 ("Resolution No. 9"), which repealed Resolution No. 39 and Resolution No. 44, Series 2020, but then extended the term of the approvals of the development plan, conditional use permit, and final design for the Booth Heights Project through November 20, 2023; WHEREAS, since the adoption of Resolution No. 9, the Town has filed a condemnation action in in the Eagle County District Court against The Vail Corporation, the owner of the Property, in Case No. 2022cv30193, seeking to acquire the Property through the Town's power of eminent domain (the "Condemnation Action"); and WHEREAS, to allow the Town and The Vail Corporation sufficient time to participate in court -ordered mediation in the Condemnation Action, the Town Council finds and determines that it is the best interest of the public health, safety and welfare to further extend the term of the approvals of the development plan, conditional use permit and final design for the Booth Heights Project as provided herein. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1. 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), as revised (DRB19-0652.001) for the Booth Heights Project from November 20, 2023 to either, whichever occurs later: (1) November 20, 2024, or (2) 365 days after final resolution of the Condemnation Action, including any appeals relating thereto, which final resolution shall be calculated as of the last date of entry of all final, non -appealable orders necessary to fully and finally resolve the Condemnation Action. Section 2. If construction of the Booth Heights Project is not commenced by the later of the two dates outlined in Section 1, above, all four approvals shall lapse. INTRODUCED, READ, APPROVED AND ADOPTED THIS i 7"day of January, 2023. ATTEST: { �ephnie 4Bibb�ens, Town Clerk M - ORz 0 0. , Mayor 2 IIIY2023 ','FILESERVER20191REDIRECTED$',SBIBBENSIDESKTOPI300TH HEIGHTS EXT-R011223.DOCX