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SIlVIr::I DAVIS PITKIN COUNTY CO R 16.00 0 0.00
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ORDINANCE NO. 48
. (SERIES OF 2000) .
AN ORDINANCE OF THJ1; ASPENCITX.c:OUNCIL A,PPROVING
THE INTlALZONING TO R-15, MODJ1;~TEDENSITY
RESIDENTIAL, FOR A PROPERTY LOCATED AT 33 PITKIN
. MESA DRIVE, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
Pargel Identification No. 2735-013-00-004..
WHEREAS, the Community Development Department received an application
from Richard Petrick, represented by Mitch Haas of Haas Land Planning,.LLC, for an
initial zoning to R-15, Moderate-Density Residential, for a property located. at 33 .Pitkin
MesaDrive, City of Aspen; and, . .
WHEREAS, City Council has accepted a petition. for annexation through
ResolutionNo. 99-101, and Resolution 99-118; and,
WHEREAS, the subject property is approximately. 4.41 acres and upon
annexation must be designated with a zone district in the City of Aspen; and,
WHEREAS, pursuant to Sections 26.310 of the LaIld Use Code, the City CounciL
may approve Amendments to the Official Zone District . Map, during a duly noticed
public hearing after considering comments. ..from the general public,. and
recommendations from the Planning and Zoning Cotnmission, Commwiity Development
Director, and relevant referral agencies; and, .
WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City
Water Department, City Engineering, City Parks Department, and the Community
Development Department reviewed the parcel and recommended approval with
conditions; and, . .
WHEREAS, during a duly noticed public hearing on October 3, 2000, the
Planning and Zoning Commission recommended, by a four. to one (4-1) vote, to
recommend City Council approve of the Petrick initial zoning to R-15, Moderate Density
Residential, with conditions contained herein; and,
WHEREAS, the Aspen City Council has reviewed. and considered the
development proposal \lnder the applicable provisions of the . Municipal Code. as.
identified herein, has reviewed and considered the recommendations of the Planning and
Zoning Commission, .the Community. Development Director, the applicable referral
agencies, and has tllken and considered public comment at a public hearing; and, .
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WHEREAS, the. City. Council. finds that the dtweJopment proposal meets or
exceeds all applicable development standards and that the approval of the development
proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and, , .
WHEREAS, the City Council finds that this Ordinance furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THECrry COUNCIL OF THE CITY
OF ASPEN, COLORADO. THAT;
Section I
Pursuant to the procedures and stan<iards set foI1h in Title 26 of the Aspen Municipal
Code, the Petrick property, located at 33 Pitkin Mesa Drive, shall be zoned R-15,.
, Moderate Density Residential with the following condition:
This property is annexed into the City of Aspen. Failure of this annexation into the City
of Aspen shaH render all land use approvals by the City of Aspen nul1 and void pursuant
to this Ordinance.
Section 2:
After a decision approving an amendment to the official zone district map, the
Community Development Director shall place the amendment on the city's official zone'
district map. which is kept in the Community Development Department.
Sec,tion 3;
This Ordinance shl!li 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; ,
If any section, subsection, sentence, Clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independeht provision and shall not affect the
validity of the remaining portions thereof. '
'INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 10th day of October, 2000.
o
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'~)x1h~
Kathryn S. ,h, City Clerk, .'--
ds, Mayor - ~M - \ Q.~,,\
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SILVIA DAVIS PITKIN COUNTY CO R IS, 00 0 0,00
, FINALLY, adopted, passed and approved this 12th day of November, 200 I.
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APL~~/~
J~rcestor, City Attorney
O:planning\aspen\cases\rezone\pctrickcounci1.doc: .
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