HomeMy WebLinkAboutresolution.council.047-91 RESOLUTION NO. ~ (Series of 1991)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING AN EXTENSION OF TIME WITHIN WHICH TO RECORD A NEW SPA
AND SUBDIVISION PLAT A_ND SPA/SUBDIVISION DEVELOPMENT AGREEMENT
PERTAINING TO THE ASPEN MEADOWS PROJECT.
WHEP~EAS, on June 10, 1991, the City Council gave final
subdivision development and specially planned area (SPA) approval
for the Aspen Meadows Project pursuant to Ordinance No. 14
(Series of 1991); and
WHEREAS, Section 7-@04(D) (4) 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 prepare and record
a final SPA development plan, SPA development agreement, subdivi-
sion agreement and subdivision plat within one hundred eighty
(180) days following approval by City Council shall render the
approval(s) invalid; and
WHEREAS, the City Council has not previously granted an
extension in the recordation deadline for the Aspen Meadows
Project plat and SPA/subdivision agreement; and
WHEREAS, the City Council has considered the request of the
Aspen Meadows development applicant, Savanah Limited Partnership,
to extend the one hundred eighty (180) day recordation deadline
and to do so retroactively; and
WHEREAS, the city Council has found good cause to grant an
extension of the recordation deadline on behalf of the Aspen
Meadows Project applicant.
NOW, THEP~EFOP~E, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
The development applicants for the Aspen Meadows Project be
and are hereby granted an extension of the 180-day recordation
requirements as contained in Section 7-804(D) (4) and Section 7-
1005(E) of Chapter 24 of the Municipal Code of the City of Aspen,
of an additional 60 days and such extension is hereby made
retroactive to 5:00 o'clock p.m., December 9, 1991. Pursuant
hereto, the development applicants shall have to and until
February 7, 1992, to prepare and record their final SPA develop-
ment plan, SPA development agreement, subdivision agreement and
plat.
Resolved and adopted this ~ day of ~_~k~c~/ ,
1991, by the City Council for the City of Aspen, Colorado.
Joh . Bennett, Mayor
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 city Council of the City of Aspen,
Colorado, at a meeting held ~ ~ , 1991.
,_--- Kathryn ~. Koch, City Cl~rk
J0 2.2
2
MEMORANDUM
DATE: December 2, 1991
TO: Mayor and City Council
FROM: Jed Caswall, city Attorney>~,~
RE: 180-day SPA/Subdivision Plat ~ecordation Deadline Extension
for the Meadows.
This matter is on your consent agenda for approval of an exten-
sion in the 180-day recordation deadline for the Meadows SPA/Sub-
division agreement and plat.
As you may recall from previous extension requests, Section 24-7-
1005(E) of the Municipal Code provides that the failure on the
part of a development applicant to record a subdivision agreement
or plat within lC0 days from the date of City Council's approval
of the subdivision renders the plat and development approvals
invalid. Likewise, Section 24-7-$04(D) (4) requires an SPA plan
to be recorded within 180 days from Council's action granting
final approval of same. Extensions and/or waivers of the 180-day
recordation may be granted by City Council.
Savanah Ltd. Partnership has asked the Council to ex'tend the
recording deadline for the Meadows SPA/Subdivision plat and
agreement from December 9, 1991, to and until February 7, 1992
(60 days). (See, attached letter dated November 22, 1991, from
Savanah Ltd. Final approval was granted on June 10, 1991.) As
indicated in Perry Harvey's letter, the reasons for the requested
extension are due to the complicated nature of the development
plan and the corresponding SPA/Subdivision agreement and plat.
Both Savanah and the City staff have put in many hours toward
getting both the agreement and the plat finalized. A little more
time is required.
I have prepared the attached resolution for your approval.
NOTE: The closing on the City's purchase of the Meadows conser-
vation parcel is to take place no later than 30 days after the
recordation of the SPA/Subdivision plat and agreement.
Memorandum to Mayor and City Council
DecemJoer 2, 1991
Page 2
REOUESTED ACTION: Approve and adopt Resolution No. __ (Series
of 1991).
EMC/mc
Attachment
Jcl22.1
cc: Planning Director
Kim Johnson
Robert W. Hughes, Esq.
Perry Harvey, Savanah Ltd. Partnership
S,~\'AN,~H LIiX,IITED PARTNERSHIP
,,o,rember 22, 1991 /t~f ; 2 IYtl ~
HAND DELIVERED '~
A~pen City Council
c/o Edward M. Caswall
130 South Galena
Aspen, CO 81611
Dear Council Members:
Pursuant to applicable sections of the City of Aspen Land Use Code,
a request is being made herewith on behalf of the Aspen Meadows
Consortiu~ for a "standby"extenslon of 60 days from December 9,
1991, to February 7, 1992, of the time period within which the
consortium must record the final SPA/Subdivision Plat and SPA
Agreement for the Aspen Meadows.
Despite diligent effort by all involved parties (City staff and
Consortium members), it is possible that the Aspen Meadows Final
SPA Development Plan and Final Subdivision Plat and the Development
and Subdivision Agreement for the ~u~pen Meadows will not be
completely ready for recordation by Monday, December 9, 1991, which
(inasmuch as the 180th day following adoption of Ordinance 14 is a
Sunday) is the date by which the plat and development agreement
otherwise must be recorded. While we might yet make the deadline,
given the holidays, the schedulIng of Council meetings, available
agenda time and the like, we believe it is prudent to obtain this
extension in the event our efforts to have everything ready for
recording on time fall short.
The complexity of the subdivision, the nunfoer of "players"
involved, the negotiations with the City and the engineering and
other details that are being worked out are, we believe, sufficient
Justzfication for allowing a little additional time to finalize and
record the documents.
Thank you for your consideration.
Sincerely,
T~ ASPEN ~RADfrWS CONSORTI~IM
By Savanah Limited Partnership
r, oo E Cooper Susie 200 .,~si3er~, CO 81611. 303 925-~272 · ?~\ 925-~387