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09/05/2002 09:
SILVIA D~VIS PITKIN COUNTY CO R 16.00 D 0.00
Rezoning Ordinance
ORDINANCE NO. 28
(Series of 2002)
AN ORDINANCE OF THE ASPEN CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, TO GRANT APPROVAL FOR THE REZONING FROM R~15 TO
R/MF OF A PROPERTY LOCATED AT 311 SOUTH FIRST STREET, CITY
AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO
PARCEL NO. 2735-124-68-004
WHEREAS, the Community Development Department received an application
from Paul Sandler, ("Owner"), represented by Raul Gawrys, requesting to rezone a
property located at 311 South First Street from R-15 (Medium-Density Residential) to
R/MF (Resident / Multi-Family); and
WHEREAS, upon review of the application and the applicable Land Use Code
standards, the Community Development Department recommended approval of the
request to rezone the property located at 311 South First Street from R-15 Medium-
Density Residential) to R/MF (Resident / Multi-Family); and
WHEREAS, the City of Aspen Planning and Zoning Commission reviewed and
considered the rezoning request under the applicable provisions of the Municipal Code as
identified herein, reviewed and considered the recommendation of the Community
Development Director, and took and considered public comment at a public hearing; and
WHEREAS, the City of Aspen Planning and Zoning Commission forwarded a
recommendation of approval to the City Council, by a vote of six to zero (6- 0), for the
requested rezoning of the property located at 311 South First Street from R-15 (Medium-
Density Residential) to R/MF (Resident / Multi-Family); and
WHEREAS, the Aspen City Council has reviewed and considered those
recommendations made by the Community Development Department and the Planning
and Zoning Commission, and has taken and considered public comment at a public
hearing and finds that the rezoning request meets or exceeds all applicable development
standards and that the approval of the development 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 the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Page: 2 of' 3
09/&5/2002 Og: 161a
SILVIR D~VIS P)TKIN COUNTY CO E 10,00 O 0,00
Section 2 ~-/
All material representations and commi~aents made by the Applicant and or owner of the
subject property pursuant to the development proposal approvals as herein awarded, whether
in public hearing or documentation presented before the Aspen City Council are hereby
incorporated in such plan development approvals and the same shall be complied with as i£
fully set forth herein, unless amended by an authorized entity.
Section 3
This resolution shall not affect any existing litigation and shall not operate as an abatement
o£ any action or proceeding now pending under Or by virtue o£ 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 o£ this resolution is for any
reason held invalid or unconstitutional in a court o£ 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 public heating on the Ordinance was held on the 26th day of August, 2002, 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 0fAugust, 2002.
and approved this 26th daY of A
t, gust, 2002.
'~H~len/K~l~ ~n ef]~ru ,~ ai~rayor
City Clerk
r~ester
City Attorney