HomeMy WebLinkAboutordinance.council.030-02 ORDINANCE NO. 30
(SERIES OF 2002~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, REZONING THE LAND FORMERLY KNOWN AS OUTLOT B, OF
THE ASPEN MEADOWS SUBDIVISION TO THE R-15 (MODERATE -DENSITY
RESIDENTIAL) ZONE DISTRICT, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel No. 2735 - 121-13 -008
WHEREAS, the Community Development Department received an application
from H & C Marqusee Inc., represented by Joseph Wells. requesting approval to rezone
the area that was formerly known as Outlot B, of the Aspen Meadows Subdivision/SPA
from Academic with an SPA Overlay to the R-15 (Moderate -Density Residential) Zone
District; and,
WHEREAS, upon review of the application, the applicable code standards, and
the Community Development Department recommended approval for the proposed
rezoning application; and,
WHEREAS, pursuam to Section 26.310 of the Land Use Code, City Council
may approve an amendment to the official zone district map during a duly noticed public
heating after considering a recommendation from the Planning and Zoning Commission
made at a duly noticed public hearing, comments from the general public, a
recommendation from the Community Development Director. and recommendations
from relevant referral agencies; and.
WHEREAS, during a duly noticed public heating on August 6, 2002. the
Planning and Zoning Commission recommended, by a four to two (4-2) vote, approval of
an amendment to the official zone district map to rezone the land formerly known as
Outlot B of the Meadows Subdivision/SPA to R-15 (Moderate Density Residential); and,
WHEREAS, the Community Development Department reviewed the rezoning
application and recommended approval; and,
WHEREAS, the Aspen City Council has reviewed and considered the rezoning
application under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the rezoning application meets or exceeds
all applicable development standards and that the approval of the rezoning, 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.
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SILVIR DAVIS PITKIN COUNTY CO R 16.00 D 0.0~
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1
An amendment to the official zone district map to rezone the land formerly known as
Outlot B of the Aspen Meadows Subdivision/SPA to the R-I5 (Moderate-Density
Residential) Zone District, is hereby approved.
Section 2:
All material representations and commitments made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Planning and Zoning Commission or City Council, are
hereby incorporated in such plan development approvals and the same shall be complied
with as if fully set forth hcu'ein, unless amended by an authorized entity.
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:
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 independent provision and shall not affect the
validity of the remaining portions thereof.
Section 5:
A duly noticed public hearing on this Ordinance was held on the 12th day of August, 2002
at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado and was continued
September 9th.
A continued public heating on this Ordinance was held on the 9th day of September, 2002 at
5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado and was continued to
September 23rd.
A continued public hearing on this Ordinance was held on the 23rd day of September, 2002
at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 12th day of August, 2002.
passed and approved by a five to zero (5-0) vote on this 23rd day of
S~t~b~ 2002.
Clerk
Approved as to form:
~Joh'~]~. V~'~cester,
City Attorney
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