HomeMy WebLinkAboutordinance.council.051-94
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ORDINANCE 51
(SERIES OF 1994)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH
EXTENSION OF THE 1992 LODGE GMQS ALLOTMENT GRANTED BY ORDINANCE 3,
SERIES OF 1993 FOR 720 EAST COOPER 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 February 22, 1993, city council approved a GMQS
allocation for the redevelopment of the Bell Mountain Lodge at 720
East cooper 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 applicant, Bell Mountain Limited Liability
company, has requested a fourteen (14) month extension of the GMQS
allocation in order to continue working with the city to develop
the Independence Place project without losing the ability to
utilize the 1992 allocation if the project is not realized; and
WHEREAS, the Planning Office, having reviewed the application
recommends approval of a six (6) month extension of the GMQS
allotments approved in Ordinance 3, Series of 1993; and
WHEREAS, the Aspen city council having considered the Planning
Office's recommendation for the GMQS extension does wish to grant
an extension for six (6) months.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1:
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recommends approval of a six ( 6) month extens ion of the GMQS
allotments approved in Ordinance 3, Series of 1993 and the vested
rights extension; and
WHEREAS, the Aspen city council having considered the Planning
Office's recommendation for the GMQS extension does wish to grant
another extension for six (6) months and extend vested rights
status to coincide with the GMQS extension.
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 another six (6) month extension of
the 1992 lodge GMQS allocation approved by Ordinance 3, Series of
1993, for 720 East Cooper Avenue beginning August 22, 1996 and
ending February 22, 1997.
Section 2:
Pursuant to Section 24-6-207 of the Municipal code, City Council
does hereby grant the applicant an extension of vested rights
status for the site specific development plan for 720 East Cooper
Avenue approved by Ordinance 37, Series of 1993, to February 22,
1997 with the following conditions:
1. The extension of vested rights shall be for approximately one
year to February 22, 1997.
2. The rights granted by the site specific development plan
approved by this Ordinance shall remain vested for a total of
four years from February 22, 1993, which was retroactively
approved by Ordinance No. 37, Series of 1993 published July
12, 1993. However, any failure to abide by the terms and
conditions attendant to this approval shall result in
forfeiture of said vested property rights.
3. The approval granted hereby shall be subject to all rights of
referendum and judicial review.
4.
Nothing in the approvals provided in this Ordinance shall
exempt the site specific development plan from subsequent
reviews and or approvals required by this Ordinance or the
general rules, regulations or ordinances or the city provided
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Pursuant to section 24-8-108 of the Municipal Code, City Council
does hereby grant the applicant a six (6) month extension of the
1992 lodge GMQS allocation approved by Ordinance 3, Series of 1993
for 720 East Cooper Avenue beginning February 22, 1996 and ending
August 22, 1996.
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 affect 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 Ordinance shall be held on the II
day Of~94 at 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 newspaper
of general circulation within the city of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the
city Council of the City of Aspen on the
,xt~~ ,1994.
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City Clerk
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JohBennett, Mayor
passed and approved this /;1
FINALLY, adopted,
~, 1994.
day of
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John ennett Mayor
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