HomeMy WebLinkAboutresolution.council.052-90 I~SOLIPrION NO. -.~
(Series 1990)
A RESOLUTION GRANTING AN EXTENSION OF TIME WITHIN WHICH TO RECORD
THE FINAL DEVELOPMENT PLAN, PLANNED UNIT DEVELOPMENT AGREEMENT,
SUBDIVISION AGREEMENT AND PLAT FOR THE UTE TRAIL TOWHHOUSES AND
BILLINGS PLACE DEVELOPMENT PROJECT.
WHEREAS, on May 14, 1990, the city Council gave final
development approval for the Ute Trail Townhouses and Billings
Place planned unit development and subdivision pursuant to
Ordinance 26 (Series 1990); and
WHEREAS, Section 7-907 and Section 7-1005(E) of Chapter 24
of the Municipal Code for the city of Aspen provide that the
failure of a development applicant to record its final
development plan, planned unit development agreement, subdivision
agreement and plat within 180 days following approval of same by
the City Council shall render the development approvals, plans
and plat invalid; and
WHEREAS, the development plan and development approvals for
the Ute Trail Townhouses and Billings Place project are currently
the subject of litigation, Abrahams. et. al. v. The city of
Aspen, et. al., Civil No. 90CV121 (Pitkin County), that has been
commenced by adjoining property owners seeking to prevent
construction of the development; and
WHEREAS, the developer of the Ute Trail Townhouses and
Billings Place planned unit development has exercised due
diligence in pursuing all necessary land use approvals that would
allow the development to go forward; and
WHEREAS, the pending litigation as described above has and
will continue to cause delays and uncertainty in the progress of
the development of the Ute Trail Townhouses and Billings Place
project; and
WHEREAS, as a result of the pending litigation seeking to
halt the project the development applicant has not and will not
be able to comply with the 180 day recordation requirements of
Sections 7-907 and 7-1005(E) of Chapter 24 of the Municipal Code,
such recordation period expiring on November 12, 1990; and
WHEREAS, the City Council has determined that under the
particular circumstances as described above fairness and equity
favor and warrant relief for the development applicant from the
180 day recording requirements as contained in Sections 7-907 and
7-1005(E) of the Municipal Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE
CITY OF ASPEN, COLORADO, THAT:
The development applicant for the Ute Trail Townhouses and
Billings Place planned unit development and subdivision,
Nelson/DeVore Partnership, be and is hereby granted an extension
of the 180 day recordation requirements as contained in Sections
7-907 and 7-1005(E) of the Municipal Code for the City of Aspen
for an additional 180 days from the date of this Resolution, or
to and until May 11, 1991.
RESOLVED AND ADOPTED this 12th day of November, 1990, by the
City Council for ~he City of Aspen, Colorado.
Dated: /~-/9~ /9 , 1990
William L. Stirling, Mayo~
I, Kathryn S. Koch~ duly appointed and acting City Clerk do
certify that the foregoing is a true and accurate copy of that
resolution adopted by the C~y Council of the City of Aspen,
Colordo, at a meeting heldj~/~ , 1990.
Kathryn ~ Kooh, City Clerk