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ORDINANCE No. 37
(SERIES OF 1999)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING THE REZONING OF THE MOORE SUBDIVISION
Parcel numbers: 273514112150
WHEREAS, a parcel of land located between the Aspen Highlands Ski Area (AHSA) and
the High School Complex on Maroon Creek Road, commonly known as the Moore Subdivision
(the property), was annexed into the City Of Aspen on June 28, 1999 pursuant to Resolution 42,
Series of 1999; and,
WHEREAS, the property is approximately 215 acres, parcel number 273514112150, and
is legally described in attaclunent A of this Ordinance; and
WHEREAS, the City Council of the City of Aspen must designate the Official Zone
District Map (Rezoning) after taking and considering the recommendations from the Community
Development Director, the Planning and Zoning Commission made at a duly noticed public
hearing, and taking and considering public testimony at a duly noticed public hearing in
conformance with the review criteria set forth in Section 29.62; and
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WHEREAS, the Community Development Department analyzed the parcel of land and
recommended that sections of the parcel be included in the following zone districts, as illustrated
on the map attached as Attaclunent B: Blocks shall be zoned as follows: Block A, C, D and F: R-
15, Block B: PUB, Block E:R-30, and Block G: R-30. Open Space Areas shall be zoned as
follows: Open Space Areas 1 - 12: Conservation. Other Parcels shall be zoned as follows: Lot 1,
Parcel A: Park; Lot 2; Parcel B: Conservation; and
WHEREAS, trails, paths and walkways as identified in the final recorded plat are
considered accessory uses to the permitted uses in the zone district; and
WHEREAS, the uses in the Conservation and Parks zone districts are further limited by
the James E. Moore Family LLLP Declaration of Covenants, Conditions and Restrictions dated
August 10, 1998; and
WHEREAS, during a duly noted public hearing on August 24, 1999, the Planning and
Zoning Commission took and considered testimony and recommended, (by a 6 to 0 vote), that
City Council approve this property in the zone districts listed above; and
WHEREAS, the City Council finds that zone districts listed above are the most
appropriate zoning classifications for this property, the rezoning meets or exceeds all applicable
standards, and is consistent with the goals and elements of the Aspen Area Community Plan; and,
o WHEREAS, the City Council finds that this ordinance is necessary for the promotion of
public health, safety, and welfare.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1:
Blocks shall be zoned as follows:
Blocks A, C, D and F: R-15 PUD,
Block B: PUB,
Blocks E and G: R-30 PUD,
Open Space Areas 1 - 12, and Lot 1, Parcel B: Conservation PUD
Lot 1, Parcel A: Park
Section 2:
The Official Zone District Map for the City of Aspen shall be amended by the Community
Development Director to reflect the Moore Subdivision, as described in Attaclunent B. The
Community Development Director shall use the annexation plat as the basis for determining this
zoning boundary.
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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 Ordinance 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 to be invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision of and shall not effect the validity
of the remaining portions of thereof.
Section 5:
That the City Clerk is directed, upon the adoption of this Ordinance, to record among the
real estate records of the Pitkin County Clerk and Recorder a copy of this Ordinance.
Section 6:
A public hearing on this Ordinance was held on the 27 day of September, 1999, at 5:00 in
the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen 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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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 13 day of September, 1999.
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E. Richards, Mayor
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FINiU-LYadopted, passed and approved this 27th day of September 1999.
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440393 02/11/2000 12,01P ORDINANC DAVIS SILVI
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