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ORDINANCE NO. 52
(SERIES OF 1998)
, AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE
REZONING OF THE RED HOUSE ENCLAVE APARTMENTS TO
RESIDENTIAL MULTI-FAMILY (RMF), WHERE SAID PROPERTY IS
LOCATED AT 855 WEST HALLAM, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
PARCEL I.D. 2735-123-00-820
WHEREAS, certain real property located at 855 West Hallam Street in the City
of Aspen, known as the Red House Enclave Apartments and legally described in attached
Exhibit A, is currently being considered for annexation into the City of Aspen and the
Community Development Department is responsible for ensuring that the subject
property is rezoned within 90 days after annexation is complete; and,
WHEREAS, the City Council may approve Amendments to the Official Zone
District Map (Rezoning) after taking and considering recommendations from the
Community Development Director, the Planning and Zoning Commission, and taking
.r-, and considering public testimony at a duly noticed public hearing in conformance with
the review criteria set forth in Section 26.92; and,
WHEREAS, the Community Development Department reviewed the subject
property and recommended Residential Multi Family (RMF) without conditions; and
WHEREAS, during a duly noticed public hearing on December 8, 1998, the
Planning and Zoning Commission took and considered public testimony and
recommended, by a 6 to 0 vote, that the City Council approve the rezoning of the Red
House Enclave Apartments to the Residential Multi-Family (RMF) Zone District, without
conditions; and,
WHEREAS, the Aspen City Council has reviewed and considered the rezoning
proposal under the applicable provisions of the Municipal Code, as identified in Section
26.92, has reviewed and considered the recommendations made by the Community
Development Director and the Planning and Zoning Commission, and has taken and
considered public comment at a public hearing; and,
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Ordinance No. 52, Series of 1998
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WHEREAS, during a public hearing, on January 25, 1999, the City Council finds
that the rezoning proposal meets or exceeds all applicable development standards and that
the approval of the rezoning proposal 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 public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Section 1:
That the Red House Enclave Apartments as described in attached Exhibit A is hereby
rezoned to the Residential Multi-Family (RMF) Zone District.
Section 2:
The Community Development Director will note the changes on the official zone district
map.
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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, sqbsection, 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:
That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this
ordinance in the office of the Pitkin County Clerk and Recorder.
Section 6:
A public hearing on the Ordinance was held on the 25th day of January, 1999 at 5:00 in the
City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same was published in a newspaper of general circulation
within the City of Aspen.
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Ordinance No. 52, Series 1998
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 14th day of December 1998.
Approved as to form:
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Attest:
Approved as to content:
FINALLY, adopted, passed and approved this 25th day of January, 1999.
Approved as to form:
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City Attorney
Attest:
Kathryn S.
Exhibit A -- legal description
Ordinance No. 52, Series 1998
Page 3
Approved as to content:
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