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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. Page: I o¢ 3 10/03/2002 11:32R' 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 Page: .3 of 3