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HomeMy WebLinkAboutordinance.council.059-93 ,_.". . ,.. ~', "ei m.,... w. ,%,< ("- @ .. \'0.. ~\'" ORDINANCE 59 (SERIES OF 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MON'l'H EXTENSION OF THE 1990 COMMERCIAL GMQS ALLOTMENT GRANTED BY RESOLUTION 90-58 AND RESOLUTION 90-61, FOR THE 409 EAST HOPKINS COMMERCIAL DEVELOPMENT, 409 EAST HOPKINS AVENUE, ASPEN COLORADO. WHEREAS, pursuant to section 24-8-108 of the Aspen Municipal Code, City Council may grant an extension of GMQS allocations up to six months; and WHEREAS, on December 17,1990 and January 24,1991, City Council approved a GMQS allocation for the development of the 409 East Hopkins commerical development at 409 East Hopkins Avenue; and WHEREAS, development allotments expire on the day after the third anniversary of the date the GMQS allocations, or other development approvals, have been awarded; and WHEREAS, the allocations will expire on January 24, 1994; and WHEREAS, the applicant, Kandycom Inc., has requested a six month extension of the GMQS allocation in order to either commence construction of the approved development or sell the property with the approved development rights; and WHEREAS, the Planning Office, having reviewed the application recommends approval of a six month extension of the GMQS allotments approved in Resolution 90-58 and 90-61; and WHEREAS, the Planning Office also recommends that this be a one time extension because the GMQS program will be amended in 1994; and WHEREAS, the Aspen City Council having considered the Planning Office's recommendation for the GMQS extension does wish to grant the requested extension for six months beyond the approval granted .- M' ~. .. "'< e. t,) \\' \*'.... \\, -' Ie.'. \\ ,<.... .. ,~. .",-~. in Resolution 90-58 and Resolution 90-61 for the 409 East Hopkins project. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: section 1: Pursuant to section 24-8-108 of the Municipal Code, city Council does hereby grant the applicant a six month extension of the 1990 office GMQS allocation approved by Resolution 90-58 and Resolution 90-61 for 409 East Hopkins Avenue beginning January 24, 1994 and ending July 24, 1994. Section 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. section 3: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: A public hearing on the day of ~1993 at c~ Ordinance shall be held on the 5:00 P.M. in the City Council Chambers, Aspen city Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published one in a It newspaper of general circulation within the City of Aspen. city council of ~/ the city of Aspen on the provided '?~ by law, by the INTRODUCED, READ AND ORDERED PUBLISHED as day of , 1993. ~ if~- John ennett, Mayor FINALLY, adopted, passed and approved this ~, 1993. {g~ day of 17. John ennett, Mayor a ,. lfA \'.<- 3